Murphy (Migration)

This matter concerned an application for a Working Holiday (Temporary) (Class TZ) visa, Subclass 417, made by an applicant holding a United Kingdom passport. The applicant sought to have her visa application remitted for reconsideration by the Minister, having been refused by a delegate on the basis that she had not met the requirement for 88 days of specified work in regional Australia. The core of the dispute revolved around whether the applicant's work on a beef cattle farm constituted the requisite "specified work" and whether the duration and remuneration for that work met the criteria under clause 417.211 of Schedule 2 to the Regulations.

The Tribunal was required to determine whether the applicant had carried out specified work in regional Australia for a period equivalent to at least three months of full-time work, and whether she had been remunerated in accordance with relevant Australian legislation and awards. Specifically, the Tribunal had to consider the definition of "specified work" as outlined in the applicable instrument (IMMI 2016/041), the meaning of "three months' full-time work" in the context of the Regulations and departmental guidelines, and whether the applicant's work on a beef cattle property, including duties such as feeding and watering cattle and fencing, fell within the defined categories. Furthermore, the Tribunal needed to assess if the applicant's working arrangements, including working an average of 5.5 days per week and her remuneration, satisfied the legislative and award requirements.

In its reasoning, the Tribunal accepted that the applicant's work on the beef cattle farm, involving animal cultivation and maintenance, constituted "specified work" as defined by IMMI 2016/041 and was undertaken in a regional area. The Tribunal found that the applicant's work from 23 September 2016 to 23 December 2016, averaging 5.5 days per week, was the equivalent of full-time work for three months. This interpretation was supported by departmental guidelines which suggest that a standard work week, even if not seven days, can equate to a full month. Regarding remuneration, the Tribunal was satisfied that the applicant's flat hourly rate of $22, which exceeded the minimum wage and the Pastoral Award 2010 rates, met the requirement of being remunerated in accordance with Australian legislation and awards.

Consequently, the Tribunal remitted the application for a Subclass 417 visa to the Minister for reconsideration, with a direction that the applicant had satisfied the criteria under clause 417.211(5) of Schedule 2 to the Regulations.