Bishop Decor Aust Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Bishop Decor Aust Pty Ltd's application for approval of a nomination for a skilled migration position. The original delegate had refused to approve the nomination, citing insufficient information regarding the nominee's terms and conditions of employment and the inability to compare these with those offered to Australian citizens or permanent residents performing equivalent work. The Tribunal considered submissions and extensive material provided by the applicant, including business financial records, an enterprise agreement, and compliance letters.

The primary legal issue before the Tribunal was whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994, specifically focusing on regulation 2.72. This involved determining if the nominee's terms and conditions of employment were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work at the same location, as required by regulation 2.72(10)(c). The Tribunal also considered other relevant criteria, such as the absence of adverse information and the correspondence of the nominated occupation with specified lists.

The Tribunal reasoned that the additional information provided, including the Building and Construction On-site Award and the Bishop Master Finishes 2019-2020 CFMEU Enterprise Agreement, satisfied the requirements of regulation 2.72(10)(c). It found that the nominee's terms and conditions of employment were not less favourable than those of an Australian citizen or permanent resident. The Tribunal also noted that there was no adverse information known to Immigration and that the nominated occupation and its code corresponded to the relevant instrument.

Consequently, the Tribunal set aside the delegate's decision not to approve the nomination and substituted a decision approving the nomination.