EZY 10 PIZZA COMPANY PTY LTD (Migration)

The Administrative Appeals Tribunal considered a dispute between EZY 10 Pizza Company Pty Ltd and the Department of Home Affairs concerning the approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The applicant, EZY 10 Pizza Company Pty Ltd, sought approval for a nominated position of 'Retail Manager (General)' at its Domino's Pizza store in Belconnen, ACT. The core of the dispute revolved around whether the nominated position and the nominator met the various requirements stipulated in Regulation 5.19 of the Migration Regulations 1994 for the approval of such a nomination.

The Tribunal was required to determine if the applicant had satisfied all the conditions precedent to the approval of the nomination under Regulation 5.19(4). This involved assessing whether the application was in the approved form, accompanied by the prescribed fee, and identified a genuine need for a paid employee under the nominator's direct control. Furthermore, the Tribunal had to ascertain if the nominator was actively and lawfully operating a business in Australia, had a satisfactory record of compliance with workplace relations laws, and if there was no adverse information known to Immigration. Crucially, the Tribunal also had to consider whether the tasks of the nominated position corresponded to an occupation specified by the Minister and if the requirements under Regulation 5.19(4)(h) were met, particularly concerning the location of the business in regional Australia and the genuine need for the position.

In its reasoning, the Tribunal found that the applicant had met all the necessary requirements of Regulation 5.19(4). It was satisfied that the application was compliant, the nominator was actively and lawfully operating its business, and there was no adverse information known to Immigration. The Tribunal also confirmed that the nominator had a satisfactory record of compliance with workplace relations laws. Regarding Regulation 5.19(4)(h), the Tribunal determined that the ACT constituted 'regional Australia' for the purposes of the Regulations, and therefore, the requirements of Regulation 5.19(4)(h)(ii) were satisfied. The Tribunal concluded that the tasks of the nominated position corresponded to the ANZSCO Unit Group 1421, Retail Manager (General), and that there was a genuine need for the position, which could not be filled by a local Australian citizen or permanent resident.

Consequently, the Tribunal set aside the original decision under review and substituted a decision approving the nomination.