Ace Demolition & Excavation Pty Ltd (Migration)

This matter concerned an application by Ace Demolition & Excavation Pty Ltd for approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The nominated position was that of Construction Project Manager. The Tribunal was required to determine whether the nominator met all the requirements of Regulation 5.19(4) of the Migration Regulations 1994 for the approval of the nomination.

The legal issues before the Tribunal included whether the terms and conditions of employment for the nominated position were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work, whether there was any adverse information known to Immigration concerning the nominator or associated persons, whether the nominator had a satisfactory record of compliance with workplace relations laws, and crucially, whether the tasks of the nominated position corresponded to the ANZSCO description for a Construction Project Manager and whether the nominator met the relevant training benchmark requirements.

The Tribunal found that the nominator had provided sufficient evidence to satisfy the requirements of Regulation 5.19(4). It was satisfied that the terms and conditions of employment were no less favourable, that no adverse information was known, and that there was a satisfactory record of compliance with workplace relations laws. Furthermore, the Tribunal was satisfied that the duties outlined in the nominee's contract of employment corresponded to the tasks of a Construction Project Manager as described in ANZSCO, with minor omissions being considered inadvertent or administrative in nature. The Tribunal also found that the nominator met Training Benchmark B, having demonstrated expenditure of at least 1% of its payroll on training its Australian employees.

Accordingly, the Tribunal set aside the original decision and substituted a decision approving the nomination.