P'Petual Holdings Pty Ltd (Migration)

This matter concerned an application for approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme, brought before the Tribunal by P'Petual Holdings Pty Ltd. The dispute centred on whether the nominated position of Vegetable Grower met the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied all the criteria for the approval of the nomination. This involved making factual findings on disputed matters, including assessing the genuine need for the position, the alignment of the visa applicant's skills and experience with the role, and whether the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents in equivalent roles. The Tribunal also had to consider whether the nominator had a satisfactory record of compliance with relevant laws and whether there was any adverse information known to Immigration.

In reaching its decision, the Tribunal considered the evidence presented, including the extensive operations of the nominating entity, which had received significant government grants requiring workforce growth. The Tribunal found that the visa applicant's qualifications, including a Diploma of Horticulture, and previous experience in large-scale hydroponic operations, aligned with the specialised requirements of a Vegetable Grower. The Tribunal was satisfied that the terms and conditions of employment met the regulatory requirements, that there was no adverse information known to Immigration, and that the nominator had a satisfactory record of compliance with workplace relations laws. Furthermore, the Tribunal concluded that there was a genuine need for the position, which could not be filled by an Australian citizen or permanent resident, and that the tasks corresponded to the specified occupation.

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