Derby Industries Pty Ltd (Migration)

The Administrative Appeals Tribunal considered the application of Derby Industries Pty Ltd concerning the approval of a nominated position under the Labour Agreement stream of the Employer Nomination scheme. The applicant sought review of a decision that had refused to approve a nominated position for a Skilled Meat Worker, a position intended to be filled under an existing labour agreement.

The Tribunal was required to determine whether the requirements of the relevant labour agreement had been met in relation to the nominated position. Specifically, the Tribunal had to assess if the proposed employment arrangements and the nominated individual satisfied the terms and conditions stipulated within the labour agreement governing the employment of Skilled Meat Workers.

The Tribunal found that the evidence presented demonstrated that the requirements of the labour agreement had indeed been met. Consequently, the Tribunal set aside the original decision to refuse approval of the nominated position.