Collins Restaurants West Pty Ltd (Migration)

This matter concerned an application for approval of a nominated position under the Direct Entry stream of the Regional Sponsored Migration Scheme. The applicant, Collins Restaurants West Pty Ltd, sought approval for a Retail Manager (General) position within its Kentucky Fried Chicken (KFC) operations in regional Australia. The core dispute revolved around whether the duties and responsibilities of the nominated position were genuinely consistent with the occupation of Retail Manager (General) or if they more closely aligned with a less senior role, such as Retail Supervisor.

The Tribunal was required to determine if Collins Restaurants West Pty Ltd met all the requirements for approval of the nomination as stipulated in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the application was compliant, if the nominator was actively and lawfully operating a business, if the position was not labour-hire, and if the terms of employment met the prescribed standards. Crucially, the Tribunal also had to consider whether there was a genuine need for the nominated position, if it could not be filled by a local Australian resident, and if the tasks of the position corresponded to an occupation specified in the relevant legislative instrument.

The Tribunal found that Collins Restaurants West Pty Ltd satisfied all the regulatory requirements for nomination approval. It was satisfied that the application was in the approved form, that the nominator was actively operating a KFC business in regional Australia, and that the position was not a labour-hire arrangement. Furthermore, the Tribunal concluded that there was a genuine need for the nominated position, particularly in regional and remote locations where recruitment was difficult. The Tribunal reasoned that the duties described, including a high level of managerial responsibility and reporting to an Area Coach, were consistent with the nominated occupation, and that the nominator had a satisfactory record of compliance with workplace relations laws.

Consequently, the Tribunal set aside the original decision to refuse the nomination and substituted a decision approving the nomination.