Goodwin (Migration)

This matter concerned an application for a Working Holiday (Temporary) (Class TZ) visa, subclass 417, by a citizen of the United Kingdom. The applicant sought a 12-month extension of her visa after lodging an application for the extension. The primary dispute before the Tribunal was whether the applicant had completed the equivalent of three months of full-time specified work in a regional area and, crucially, whether she had been remunerated in accordance with Australian legislation and awards for that work.

The Tribunal was required to determine two key issues. Firstly, whether the applicant had undertaken the requisite specified work in regional Australia for a period equivalent to at least three months of full-time work, as required by clause 417.211 of the Migration Regulations. Secondly, if the work requirement was met, whether the applicant had been remunerated in accordance with relevant Australian legislation and awards for any specified work undertaken after 1 December 2015, as stipulated by regulation 417.211(5)(c). The definition of 'work' in the regulations meant an activity that normally attracts remuneration in Australia, and departmental guidelines suggested that '3 months' was to be taken as 88 days.

The Tribunal found that the applicant had completed specified work in regional areas for a total of 89.5 days. This included 28 days of unpaid work for Elizabeth Jane Petrovich, 44 days for ABGD Family Trust paid at below award wages, and 44 days for Newcastle Waters Station paid at award wages. The Tribunal was satisfied that the applicant had undertaken the equivalent of three months' full-time specified work in a regional area. However, it was not satisfied that the applicant had been paid according to Australian award rates for all the work undertaken after 1 December 2015.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under cl.417.221 of Schedule 2 to the Regulations.