4 Square Bakery & Supermarkets Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination application made by 4 Square Bakery & Supermarkets Pty Ltd for a Cook position under the Direct Entry stream of the Regional Sponsored Migration Scheme. The applicant sought to nominate Mr. Sandeep Kumar for the position, which was to be located in Murgon, Queensland. The core dispute revolved around whether the applicant met all the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of the nomination.

The Tribunal was required to determine if the applicant satisfied the various criteria outlined in regulation 5.19(4), including whether the application was in the approved form, identified a genuine need for a paid employee under the nominator's direct control, and if the nominator was actively and lawfully operating a business in Australia. Crucially, the Tribunal had to assess whether the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents for equivalent work, if there was no adverse information known to Immigration, and if the nominator had a satisfactory record of compliance with workplace relations laws. Furthermore, the Tribunal needed to consider the specific requirements of regulation 5.19(4)(h), particularly whether the position was located in regional Australia, if there was a genuine need for the nominee, if the position could not be filled locally, and if the tasks corresponded to an eligible occupation.

The Tribunal reasoned that the applicant had met the requirements of regulation 5.19(4) by providing evidence that the application was lodged correctly and identified a genuine need for the nominated employee. It was satisfied that the business was actively and lawfully operating in regional Australia, specifically in Murgon, Queensland, which is designated as a regional area. The Tribunal found no adverse information concerning the nominator or associated persons and confirmed a satisfactory record of compliance with workplace relations laws. The Tribunal also concluded that the position could not be filled by a local Australian citizen or permanent resident and that the terms and conditions of employment were no less favourable than those for local workers.

Consequently, the Tribunal set aside the original decision under review and substituted it with a decision approving the nomination.