Get a Handle on it (Aust) P/L atf LAM unit trust (Migration)

This matter concerned an application by Get a Handle on it (Aust) P/L atf LAM unit trust for the approval of a nominated position as a Cabinetmaker under the Direct Entry stream. The applicant sought to have a prior decision, which refused to approve the nomination, set aside. The Tribunal was required to determine whether the applicant met all the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal considered each of the requirements of regulation 5.19(4). It found that the application was made in the approved form, accompanied by the prescribed fee, and included the necessary certification regarding conduct contravening s.245AR(1). The Tribunal was satisfied that there was an identified need for the nominator to employ a paid employee to work in the position under their direct control, based on evidence regarding the business's operations, turnover, and difficulties in attracting suitably qualified staff. Furthermore, the Tribunal found no adverse information known to the Department concerning the nominator or associated persons, and that the nominee had a satisfactory record of compliance with workplace relations laws.

Crucially, the Tribunal examined regulation 5.19(4)(h), which outlines alternative requirements relating to the tasks of the position and training. The Tribunal was satisfied that the duties of the nominated Cabinetmaker position corresponded with the relevant legislative instrument. Regarding the training benchmark requirements, the Tribunal found that the company's provision of apprenticeship deeds and payroll information demonstrated that the salary paid to apprentices exceeded the minimum spend of 1% of payroll on training Australian citizens and permanent resident employees. Consequently, the Tribunal concluded that the applicant met all the requirements for approval of the nomination.

The Tribunal set aside the decision under review and substituted a decision approving the nomination.