BM SYDNEY BUILDING MATERIALS PTY LTD (Migration)

This matter concerned an application by BM Sydney Building Materials Pty Ltd (the applicant) to have a nomination for a Subclass 457 visa approved. The applicant, a building materials supply business, nominated an occupation of Sales and Marketing Manager. The core of the dispute was whether the nominated position was genuine and aligned with the duties of a Sales and Marketing Manager as defined by ANZSCO, or if it represented a lower-skilled role, potentially a mix of Retail Buyer and Retail Manager duties.

The Tribunal was required to determine if the applicant met the criteria for approval of the nomination, specifically whether the nominated position was genuine and if the duties described substantially aligned with the ANZSCO definition of a Sales and Marketing Manager. This involved assessing whether the proposed tasks of the nominee were consistent with a high-level, specialised role that makes strategic contributions, typically found in organisations operating in complex business environments. The Tribunal also considered the applicant's existing staffing, noting they already employed two Sales and Marketing Managers, and whether the claimed business growth justified the need for another.

The Tribunal affirmed the decision to refuse the nomination. It reasoned that while some of the nominated duties were consistent with the occupation, the delegate was not satisfied that the nominee would regularly perform the full breadth of duties as defined in ANZSCO. The delegate also found that the applicant had not demonstrated sufficient business growth to warrant an additional Sales and Marketing Manager, given the existing two such positions. The Tribunal concluded that the applicant had not satisfied the criteria for the nomination to be approved.