Garvey (Migration)

The Administrative Appeals Tribunal considered an application for a Working Holiday (Temporary) (Class TZ) visa, Subclass 417, made by an applicant who claimed to have completed specified work in regional Australia. The core of the dispute revolved around whether the applicant met the criteria for this work, specifically concerning the nature of the employment, the duration, and the remuneration received.

The Tribunal was required to determine three key issues. Firstly, whether the applicant had undertaken the requisite specified work in regional Australia, as defined by relevant legislative instruments. Secondly, whether this work was equivalent to at least three months of full-time employment. Finally, the Tribunal had to ascertain whether the applicant was remunerated in accordance with Australian legislation and applicable awards for the work performed.

In its reasoning, the Tribunal found that the applicant's role as a 'silage worker' involved plant and animal cultivation, which fell within the definition of specified work. The location of the work was also confirmed as regional Australia. Regarding the duration, the Tribunal was satisfied, based on payslips and employer documentation, that the applicant had worked full-time for a period equivalent to at least three months, interpreting departmental guidelines on the calculation of this period. Crucially, concerning remuneration, the Tribunal noted that the applicant was paid $23 per hour, with overtime and Sunday rates, and a deduction for accommodation. This hourly rate exceeded the national minimum wage and the minimum rate under the Pastoral Award 2010 for the relevant period, leading the Tribunal to conclude that the remuneration requirements were met.

Consequently, the Tribunal found that the applicant satisfied all the criteria under clause 417.211(5) of the Regulations. The Tribunal therefore remitted the application for reconsideration, with a direction that the applicant meets the specified work criteria for the Subclass 417 visa.