FRESH AS PIZZA PTY LTD (Migration)

In the matter of FRESH AS PIZZA PTY LTD (Migration), the Administrative Appeals Tribunal considered an application for review of a decision made by the Department of Home Affairs concerning the approval of a nominated position for a visa application. The applicant, Fresh as Pizza Pty Ltd, sought to have a decision set aside that refused to approve a nominated position for a Retail Manager under the Direct Entry stream of the Employer Nomination Scheme.

The primary legal issue before the Tribunal was whether the nominated position of Retail Manager, as described by the applicant and the role performed by the nominee, was more consistent with the occupation of Retail Supervisor rather than Retail Manager, as nominated. This determination was crucial for assessing whether the nomination met the requirements of the relevant migration regulations.

The Tribunal, presided over by Warren Stooke AM, reviewed the evidence presented regarding the duties and responsibilities of the nominated position and the nominee's role within the business. The applicant, operating Domino's Pizza outlets, provided financial statements and details of the business operations. The Director described his own role as overseeing operations, including industrial relations, staff issues, and facility maintenance, while noting limited direct involvement in day-to-day store management. The Tribunal considered the listed obligations under the franchise agreement and the required competencies for the nominated position. Ultimately, the Tribunal found that the evidence presented indicated that the tasks and duties of the nominated position were more aligned with the occupation of a Retail Supervisor, leading to the decision under review being set aside.