Chefs of Tandoori Pty Ltd (Migration)

This matter concerned an appeal by Chefs of Tandoori Pty Ltd against a decision to refuse its nomination for a position under the Direct Entry stream of the Migration Regulations 1994. The dispute centred on whether the applicant company had a satisfactory record of compliance with workplace relations laws, specifically concerning superannuation contributions. The decision was made by Stavros Georgiadis, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant met all the requirements for approval of a nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to assess compliance with regulation 5.19(4)(g), which mandates a satisfactory record of compliance with Commonwealth, State, and Territory workplace relations laws. This involved examining evidence regarding the applicant's payment of superannuation contributions for its employees.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had not demonstrated a satisfactory record of compliance with workplace relations laws. While the applicant provided evidence of wages paid and some superannuation contributions, the Tribunal accepted oral evidence that there had been a shortfall of $2,500 in superannuation payments for the 2018-2019 financial year. The Tribunal calculated that the required superannuation payable at the then-applicable rate of 9.5% was $8,464.88, indicating an underpayment. Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(4), leading to the affirmation of the original decision to refuse the nomination.