Master Cleaners (Aust) Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Master Cleaners (Aust) Pty Ltd's application for approval of a nomination under the Direct Entry stream. The dispute centred on whether the company met the requirements of regulation 5.19(4) of the Migration Regulations 1994 for approving the nominated position.

The Tribunal was required to determine if the applicant satisfied all the criteria outlined in regulation 5.19(4), specifically addressing the genuine need for the position, the correspondence of the position's tasks to an ANZSCO occupation, the location of the business within regional Australia, and the nominator's compliance with workplace relations laws and the absence of adverse information. The Tribunal also considered whether the nominated position met the requirements for employment terms and conditions and the duration of employment.

The Tribunal found that the company, operating from Nerang, Queensland, was located in a designated regional area. It was satisfied that there was a genuine need for the nominee to be employed in the position under the nominator's direct control, and that the tasks of the position corresponded to an applicable occupation. The Tribunal also confirmed that the nominator had a satisfactory record of compliance with workplace relations laws and that no adverse information was known to Immigration. Furthermore, the terms and conditions of employment were deemed to be no less favourable than those offered to an Australian citizen or permanent resident.

Consequently, the Tribunal set aside the original decision and substituted a new decision approving the nomination.