G & F WRAPPING DISTRIBUTORS (Migration)

This matter concerned an application by G & F Wrapping Distributors for the approval of a nomination for a Subclass 457 visa. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met the criteria for approval of the nomination, specifically concerning the occupation of Customer Service Manager.

The primary legal issues before the Tribunal were whether the nominated position corresponded to the specified occupation of Customer Service Manager, whether the position was genuine, and whether the terms and conditions of employment were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work. The Tribunal also considered requirements relating to the nomination process, the nominator's status as a standard business sponsor, the identification of the nominee, and the absence of adverse information known to Immigration.

The Tribunal found that the applicant had complied with the prescribed nomination process, including using the approved form and fee, identifying the nominee, and providing necessary certifications. It was satisfied that G & F Wrapping Distributors was a standard business sponsor and that the nominated occupation, Customer Service Manager (ANZSCO 149212), corresponded to the specified occupation and was applicable to the nominee. Crucially, the Tribunal determined that the inapplicability conditions for the Customer Service Manager occupation were met, as the nominee's annual earnings exceeded AUD65,000, the position was not based in a front-line retail setting or predominantly involve direct client transactional interaction, and the business turnover exceeded AUD1,000,000. Furthermore, the terms and conditions of employment were found to be no less favourable than those provided to an Australian equivalent.

Consequently, the Tribunal set aside the decision not to approve the nomination and substituted a decision approving the nomination.