Continental Foods Pty Ltd (Migration)

This matter concerned an application by Continental Foods Pty Ltd for approval of a nomination of a position under the Direct Entry stream of the Migration Regulations 1994. The applicant sought to nominate a restaurant manager position. The Tribunal was required to determine whether the applicant met all the requirements for approval of the nomination as set out in regulation 5.19(4).

The legal issues before the Tribunal were whether the applicant had made a compliant application, was actively and lawfully operating a business in Australia, whether the nominated position was not a labour-hire arrangement, and whether the terms of employment met the prescribed standards. Further issues included whether there was any adverse information known to Immigration, whether the applicant had a satisfactory record of compliance with workplace relations laws, and whether there was a genuine need for the position, considering its location in regional Australia and the inability to fill it with a local resident.

The Tribunal found that the applicant had met all the requirements of regulation 5.19(4). It was satisfied that the application was in the approved form, paid, and identified a need for the nominee. The applicant was found to be actively and lawfully operating its business, Sforno, in Munno Para, South Australia, and there was no evidence of labour-hire activities. The Tribunal also determined that the nominated position was located in regional Australia and that there was a genuine need for the position, which could not be filled by a local Australian citizen or permanent resident. The Tribunal was satisfied that there was no adverse information known to Immigration and that the applicant had a satisfactory record of compliance with workplace relations laws.

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