Assignment First

代寫論文價格-公平工作申訴專員訴寶康威爾有限公司一案涉及涉嫌違反《2009年公平工作法》,原因是菲律賓工人在澳大利亞專屬經濟區的鉆井平臺上工作。第一個問題包括適當構建《公平工作法》有關國際法的規定。國際法應將《公平工作法》第33 (1)(b)條解釋為就畫家的雇用條件進行操作或適用。主要的問題是員工的工資不公平。為pocomwell有限公司工作的畫家受到不公平的待遇,這意味著他們的工資更低(Harvey, 2009)。國際法還應將條例第1.15E條解釋為適用於畫家的雇用條件和環境。公司沒有遵守《公平工作法》,公司應該遵守。員工的工資額應按澳大利亞的工資額支付。根據《2009年公平工作法》(Cth)第33(1)(b)條,該法可以對專屬經濟區的固定平臺進行擴展。

There is no issue that the rigs were in the Exclusive Economic Zone at material times. The main issue is that rigs were not at the fixed platform when the painters were employed and working on them. A solid platform is a structure or installation attached to the seabed for exploitation or exploration of the resources (Homburg, 2008). The regulation 1.15E (5) defined that the majority of operators should be Australian which was also not followed by the company. The drilling rigs were not to be at the fixed platforms, most of them were not Australian residents and not following the rules and law as per the national and international law. It was also found that the industry gives award to the employers in Australia who are carrying out their activities in the hydrocarbons industry for the works of engaging their employees. The rules, regulations, and laws were violated, and the court took the decision by the facts and figures.

The case shows the violation of the Fair Work Act that arises from the payment of the Philippines workers working on the drilling rigs on in the exclusive economic zone of Australia. Maersk Drilling Australia Pty Ltd operated each of the rigs, was registered as the flag and ship of the foreign nation. Pocomwell, an organization of Hong Kong, employed each painter. The employment contract was governed by the law of Philippines. The case shows the violation of rules and laws because the workers were mistreated (Abbott, 2011). The company violated the Fair Work Act and other rules as per the national and international law. Section 33(1) (b) of Fair Work Act 2009 stated that the Act was applied to the fixed platform in the exclusive economic zone of Australia. Section 33 (3) of Fair Work Act, regulation 1.15 of Fair Work Regulations 2009 provided that the Act should be extended concerning the majority Australian-crewed ship.
Section 33 of Fair Work Act extended its application to the exclusive economic zone of Australia and waters above the mainland shelf in specific circumstances. Section 33 (3) of regulation 1.15E extended its application of Fair Work Act to the flagged foreign ships in the exclusive economic zone. Regulation 1.15E should not breach the international law as the sovereign rights of the coastal state encompasses the right to regulate the employee relations on the flagged foreign ships that are engaged in the exploitation and exploration of the natural resources in the exclusive economic zone (McGrath, 2007).
The Act appropriately used under the s. 33; in any “fixed platform in the limited economic zone” that implies a platform that eternally fixed to the seabed for exploration purpose. However, the drilling rigs were not fixed platform.
The Act appropriately used under reg. 1.15E, to the maximum number of Australian crewed ship, in reg. 1.15B the Fair Work Act 2009 takes a broad definition of the ship (s.12) that includes both rigs. Conversely, the objective of reg. 1.15E the Fair Work Ombudsman had not set up for the evidence that maximum numbers of employees are Australian residents (Barker, 2007).

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