J & D Conti Pty Ltd ATF the J & D Conti Family Trust (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning J & D Conti Pty Ltd ATF the J & D Conti Family Trust (the applicant) and a nomination for a position under the Direct Entry stream. The applicant sought to have a decision under review set aside and substituted with a decision approving their nomination.

The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal considered whether the application was compliant, if the nominator was actively and lawfully operating a business in Australia, if the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents, if there was any adverse information known to Immigration, if the nominator had a satisfactory record of compliance with workplace relations laws, and whether there was a genuine need for the nominated position and if it met the relevant task and training requirements.

The Tribunal found that the applicant had met all the necessary requirements. It was satisfied that the application was in the approved form, accompanied by the prescribed fee, and included the required certification. Evidence demonstrated a genuine need for a paid employee in the position of Primary Products Inspector (NEC) under the applicant's direct control. The applicant was confirmed to be actively and lawfully operating its business in regional Victoria since 1998, supplying fresh produce to major supermarkets. The Tribunal also found that the salary offered to the nominee was within the market range and that the terms and conditions of employment were no less favourable than those provided to an Australian worker in an equivalent role. Furthermore, no adverse information was known to Immigration, and the applicant had a satisfactory record of compliance with workplace relations laws. Crucially, the Tribunal was satisfied that the nominated position, located in regional Australia, represented a genuine need that could not be filled by a local Australian resident, and that the tasks corresponded to the specified occupation.

Consequently, the Tribunal set aside the decision under review and substituted it with a decision approving the nomination.