EVC SA Pty. Ltd. (Migration)

This matter concerned an application by EVC SA Pty. Ltd. for approval of a nomination for a Retail Manager position under the Direct Entry stream. The Administrative Appeals Tribunal was required to determine whether the nomination met the requirements of regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was tasked with assessing whether the applicant satisfied all the criteria stipulated in regulation 5.19(4), including the genuineness of the need for the position, the correspondence of the role's tasks to the ANZSCO classification, the nominator's compliance with workplace relations laws, and the terms and conditions of employment. Specifically, the Tribunal had to consider if the nominated position was genuinely needed, if it could not be filled by an Australian citizen or permanent resident, and if the tasks aligned with an occupation at ANZSCO skill level 1, 2, or 3.

In its reasoning, the Tribunal found that the nominated position of Retail Manager, with responsibilities aligning with ANZSCO 142111, was genuinely needed by the nominator, an independently owned restaurant operating within a busy shopping mall. The Tribunal considered evidence of the recruitment process, a substantial salary determination, and a two-year contract with an extension provision. It also noted the issuance of a Regional Certifying Body (RCB) Certificate. The Tribunal was satisfied that the nominated salary of $50,000 plus superannuation was appropriate and reflective of the nominee's experience, and that the terms and conditions of employment were no less favourable than those offered to an Australian citizen or permanent resident in equivalent circumstances. Furthermore, the Tribunal found no adverse information regarding the nominator and a satisfactory record of compliance with workplace relations laws.

Consequently, the Tribunal set aside the previous decision under review and substituted it with a decision approving the nomination.