Pacific Group Tours Pty Ltd (Migration)

[2018] AATA 4597

Pacific Group Tours Pty Ltd (Migration) [2018] AATA 4597 (7 September 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Pacific Group Tours Pty Ltd

CASE NUMBER:  1619272

DIBP REFERENCE(S):  BCC2016/2344459

MEMBER:Alison Mercer

DATE:7 September 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision not to approve the nomination.

Statement made on 07 September 2018 at 4:40pm

CATCHWORDS
MIGRATION – standard business sponsor – genuine position – nominated position – Transport Company Manager – nominee working as a Bus Rental Manager – nominee’s role does not match nominated position – lack of evidence to support business growth – decision under review affirmed

PRACTICE AND PROCEDURE – no response to request for information – lost entitlement to hearing

LEGISLATION
Migration Act 1958 (Cth), ss 140GB, 140GBA, 359, 360
Migration Regulations 1994 (Cth), rr 2.72, 2.73

CASES
Hasran v Minister for Immigration and Citizenship (2010) 183 FCR 413

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 28 October 2016 to refuse to approve the applicant’s nomination under s.140GB of the Migration Act 1958 (the Act) and r.2.72 of the Migration Regulations 1994 (the Regulations).

2. The applicant, Pacific Tour Groups Pty Ltd, applied for approval on 13 July 2016. A nomination of an occupation for a subclass 457 visa is made under s.140GB of the Act and r.2.73 of the Regulations. Regulations 2.72(3) to (12) prescribe the criteria that must be satisfied for the Minister to approve a nomination by a person. These criteria are extracted in the attachment to this decision. For nomination applications made from 23 November 2013, additional criteria are specified in s.140GBA.

3. The delegate decided not to approve the nomination on the basis that the applicant did not satisfy r.2.72(10)(f), which requires that the position associated with the nominated occupation is genuine. The delegate noted that the applicant company operated a travel agency which also offered and arranged bus tours and airline transfers, and that it claimed to maintain a fleet of 17 buses. The delegate further noted that it was claimed that the nominee (Yaxuan Zhao) was already working for the company in the position of Bus Rental Manager (the nominated position being Transport Company Manager, ANZSCO code 149413) and had been since June 2016. However, the delegate found that the applicant had not provided any independently verifiable evidence to support these claims. As a result, the delegate concluded that she was not satisfied that the position associated with the nominated occupation was genuine. As the applicant had failed to satisfy r.2.72(10)(f), it therefore failed to satisfy r.2.72 as a whole and its nomination could not be approved.

4. The Tribunal received a review application on 16 November 2016.  It was signed on behalf of the applicant company by Mr Ivan Fan, its General Manager, and it was accompanied by a copy of the delegate’s decision and an authority by which Mr Fan appointed a registered migration agent, Mr Mark Northam, as its representative and authorised recipient for correspondence.

5. On 15 February 2018, the Tribunal wrote to Mr Fan of the applicant, via the agent, pursuant to s.359(2) of the Act. The Tribunal stated that the purpose of the letter was to invite Mr Fan (or another authorised officer of the company) to provide current and updated information demonstrating how it met all of the criteria in r.2.72 and s.140GB (not simply the criterion that the delegate found was not met). The Tribunal provided examples of the kinds of information that would assist it to assess the r.2.72 criteria and provided a copy of r.2.72 for reference. The Tribunal requested that the information be provided by 1 March 2018, noting that Mr Fan or another authorised officer of the applicant could seek an extension of time to provide the requested information but should do so before 1 March 2018. The Tribunal further advised that if it did not receive the information within the time given (or as extended), the it might make a decision without taking any further action to obtain the requested information. Moreover, the applicant would lose any entitlement to have a hearing before the Tribunal.

6. The Tribunal did not receive the requested information by 1 March 2018 and did not receive a request for an extension of time to provide the information by that date. To date, it has received no further communication from Mr Fan or any other officer of the applicant, or from the agent appointed to represent the applicant. The Tribunal is satisfied that the above letter was sent to the correct email address nominated for correspondence by the applicant’s agent in the review application, and the Tribunal’s records do not indicate that the email attaching its letter was not delivered or was otherwise undeliverable.

7. The Tribunal notes that it has no power to extend the period to respond to an invitation when a request for an extension is received after the initial prescribed period has passed: Hasran v Minister for Immigration and Citizenship (2010) 183 FCR 413 at [48]. As above, no extension request was received in the prescribed period. Nor was the requested information provided in the prescribed period. Accordingly, the applicant has lost its entitlement to have a hearing: s.360(3).

8. The Tribunal has considered whether to make a further request for information to Mr Fan on behalf of the applicant, but – in view of the lack of response and information provided to date – the Tribunal has elected not to do so and instead proceeds to make its decision on the available evidence.

9. For the following reasons, the Tribunal has decided to affirm the decision under review to refuse the nomination.

   CONSIDERATION OF CLAIMS AND EVIDENCE

10. The issue in the present case is whether the applicant meets the criteria for approval of the nomination. The Tribunal must approve the nomination if the applicable requirements in r.2.72 and, for nomination applications made from 23 November 2013, s.140GBA have been met: s.140GB(2).

    Position must be genuine

11. Regulation 2.72(10)(f) requires that the position associated with the nominated occupation is genuine.

12. From the material on the file, the Tribunal is satisfied that:

    ·the nominated occupation is Transport Company Manager (ANZSCO code 149413);

    ·the position associated with the nominated occupation is stated to be Bus Rental Manager; and

    ·the nominee is Mr Yaxuan Zhao, who is stated to have been employed in this position since 1 July 2016 on a salary of $60,000 per year.

13. In reviewing the nominated position, the delegate requested more information from the applicant as she considered that the position might not be genuine as the tasks to be performed were not consistent with the nominated occupational description in ANZSCO, when taken in the context of where the duties of the position were to be performed. In particular, the delegate found that:

    ·the applicant was a Melbourne-based travel agency which had been established as a tour and bus rental company since 2012.  It offered international tourists guided tour services, accommodation, airline booking services and airport transfer services and its bus fleet was stated to have expanded from 2 to 17 buses;

    ·the employees of the business were a Managing Director, General Manager, Marketing Officer, IT Support Person, Bookkeeper, the nominated position of Bus Rental Manager and 20 Bus Drivers;

    ·the nominee had been working as Bus Rental Manager on a full time basis since July 2016, but no independently verifiable evidence had been provided to support the claims that the nominee had organised and controlled the operations of the business that operated a fleet of vehicles to transport passengers;

    ·it was stated that the position filled an existing and continuing need within the company’s business operations, and that prior to the nominee taking this position, it had been undertaken by the General Manager. However, the General Manager’s workload had increased due to the growth of the business and he wished the bus rental management to be handled by another employee, hence the creation of the Bus Rental Manager. The delegate noted, however, that no independently verifiable information had been provided to substantiate these claims; and

    ·therefore, the delegate was not satisfied that the proposed tasks of the nominee, in the context of all the information provided with the nomination application, would actually regularly be performed in the breadth required in the ANZSCO occupational description for a Transport Company Manager. The delegate did not consider that the proposed activities of the nominated position were consistent with the nature of the business and found that the applicant had not sufficiently demonstrated that the nominated position aligned with that of the nominated ANZSCO occupation of Transport Company Manager in the context of the applicant’s operations.

14. The Tribunal notes that the Australian and New Zealand Standard Classification of Occupations (ANZSCO) dictionary entry for the occupation of Transport Company Manager is as follows:

    UNIT GROUP 1494 TRANSPORT SERVICES MANAGERS

    TRANSPORT SERVICES MANAGERS organise and control the buying and selling of vehicles for rental agencies and coordinate the leasing of vehicles, the operations of railway stations, and the operations of enterprises that operate fleets of vehicles to transport goods and passengers.

    Indicative Skill Level:
    Most occupations in this unit group have a level of skill commensurate with the qualifications and experience outlined below.
    In Australia:

    AQF Associate Degree, Advanced Diploma or Diploma (ANZSCO Skill Level 2)

    
    In New Zealand:

    NZ Register Diploma (ANZSCO Skill Level 2)

    
    At least three years of relevant experience may substitute for the formal qualifications listed above. In some instances relevant experience and/or on-the-job training may be required in addition to the formal qualification.

    Registration or licensing may be required.
    Tasks Include:

    oorganising the purchase and maintenance of transport vehicles, equipment and fuel

    oliaising with clients to determine requirements and providing customers with advice and information regarding vehicle type, purchase or hire rates and obligations and handling complaints

    oreceiving orders and bookings, and planning and implementing transportation schedules

    oensuring goods are stored and transported in conditions that will maintain their quality

    oarranging collection and delivery of vehicles and goods

    omaintaining business records and preparing operational statements and reports

    ocoordinating activities associated with the arrival, departure, loading and unloading of trains

    oensuring compliance with occupational health and safety regulations

    Occupations:

    149411 Fleet Manager
    149412 Railway Station Manager
    149413 Transport Company Manager

    
    149411 FLEET MANAGER

    
    Organises and controls the buying and selling of vehicles for rental agencies and coordinates the leasing of vehicles. Registration or licensing may be required.

    Skill Level: 2

    
    149412 RAILWAY STATION MANAGER

    
    Organises and controls the operations of a railway station.

    Skill Level: 2

    
    149413 TRANSPORT COMPANY MANAGER

    
    Organises and controls the operations of an enterprise that operates a fleet of vehicles to transport goods and passengers. Registration or licensing may be required.

    Skill Level: 2
    Specialisations:

    Bus Company Manager
    Car Rental Agency Manager

    …

15. The Tribunal further finds that the duties and responsibilities of the nominated position of Bus Rental Manager (as set out in the letter of offer to the nominee) are as follows:

    ·providing customer service including greeting and seeing out clients as needed;

    ·maintaining fleet integrity, including roadworthiness, managing damage control and ensuring general maintenance tasks were completed on time;

    ·acting as the primary point of contact to clients and assisting with all client requirements including providing advice and information regarding bus type, hire rates and obligations;

    ·managing operational tasks such as orders and bookings, hire schedules, bus preparation and maintenance and organising the purchase of fuel;

    ·identifying sales opportunities through planning and performance management; and

    ·adherence to the company’s policies and ensuring compliance with OH & S and other legal requirements.

16. The Tribunal accepts that not all of the ANZSCO duties listed above would necessarily apply to the nominated position, as Bus Company Manager is listed as a sub-occupation within the wider ANZSCO occupational group of Transport Company Manager.  However, the list of duties in the letter of offer is relatively brief and generic and appears to include duties that would more accurately be characterised as being part of the role of a Customer Service Officer (such as acting as the primary contact to clients, and providing greetings to them).

17. The Tribunal also shares the concerns expressed by the delegate as to whether the operations of the applicant’s business warrant a position, separate to that of the General Manager, who is responsible for organising and controlling the operations of an enterprise that operates a fleet of vehicles to transport goods and passengers. Although it was asserted on behalf of the applicant in the submission by its then agent provided with the nomination that it had grown substantially in its operations, and from 2 to 17 buses, no documentary evidence of this was provided (such as financial statements evidencing the claimed expansion and/or registration details for the buses).  Moreover, although a letter of offer to the nominee, dated 1 July 2016, for the nominated position was provided, no evidence was provided on behalf of the applicant to substantiate that the nominee was actually employed in this role, such as payslips, PAYG summary statements or tax returns or maintenance records maintained by him in relation to the fleet. The Tribunal also considers that, given the level of seniority implied in the ANZSCO occupational dictionary, the salary of $60,000 for the nominee appears relatively low, and this adds to the concerns the Tribunal has as to whether the duties of the nominated position are closely aligned to those in the ANZSCO occupational description for a Transport Company Manager (even accepting that the nominated position might not be required to carry out all of the ANZSCO duties).

18. Given the concerns set out above, and the lack of response to the Tribunal’s s.359(2) letter asking for further information about these (and other) issues, the Tribunal is not satisfied that the position associated with the nominated occupation is genuine.

19. The Tribunal therefore finds that the applicant does not meet r.2.72(10)(f) and thus does not meet r.2.72 as a whole. This means that the nomination cannot be approved.

20. For the reasons given above, the Tribunal is not satisfied that the applicant meets the applicable criteria for the nomination to be approved. Accordingly, the decision under review must be affirmed.

    DECISION

21. The Tribunal affirms the decision not to approve the nomination.

    Alison Mercer
    Member

    
    

    ATTACHMENT - EXTRACTS FROM THE MIGRATION REGULATIONS 1994

    2.72 Criteria for approval of nomination — Subclass 457…

    (1)This regulation applies to a person who is:

    (a)a standard business sponsor; or

    (b)a party to a work agreement (other than a Minister);

    who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation in relation to a holder of, or an applicant or a proposed applicant for, a [Subclass 457 visa].

    (2)For subsection 140GB (2) of the Act, the criteria that must be satisfied for the Minister to approve a nomination by a person are set out in subregulations (3) to (12).

    (3)The Minister is satisfied that the person has made the nomination in accordance with the process set out in regulation 2.73.

    (4)The Minister is satisfied that the person is:

    (a)a standard business sponsor; or

    (b)a party to a work agreement (other than a Minister).

    (5)The Minister is satisfied that the person has identified in the nomination the visa holder, or the applicant or proposed applicant for the visa, who will work in the nominated occupation.

    (6)If the person identifies a holder of a [Subclass 457 visa] (the visa holder) for subregulation (5), the Minister is satisfied that the person:

    (a)has listed on the nomination each other holder of a visa of that kind who was granted the visa on the basis of having the necessary relationship with the visa holder as mentioned in clause 457.321 of Schedule 2; and

    (b)if the Minister requires the visa holder to demonstrate that he or she has the skills necessary to perform the occupation — the visa holder demonstrates that he or she has those skills in the manner specified by the Minister.

    (7)For paragraph (6) (a), the Minister may disregard the fact that 1 or more persons required to be listed on the nomination are not listed, if the Minister is satisfied it is reasonable in the circumstances to do so.

    (7A)In addition to subregulation (6):

    (a)if:

    (i)       the person identifies a holder of a [Subclass 457 visa] (the visa holder) for subregulation (5); and

    (ii)      the [Subclass 457 visa] was granted after the Minister had waived the requirements of paragraph 4006A (1) (c) of Schedule 4 on the basis of a written undertaking made by the current sponsor of the visa holder (as set out in subclause 4006A (2) of that Schedule);

    the Minister is satisfied that the person has provided, in writing, an undertaking that is equivalent to the undertaking made by the current sponsor of the visa holder; and

    (b)if:

    (i)       the person identifies a holder of a [Subclass 457 visa] (the visa holder) for subregulation (5); and

    (ii)      the person has listed on the nomination a person described in paragraph (6) (a); and

    (iii)     the [Subclass 457 visa] was granted to the person described in paragraph (6) (a) after the Minister had waived the requirements of paragraph 4006A (1) (c) of Schedule 4 on the basis of a written undertaking made by the current sponsor of the visa holder (as set out in subclause 4006A (2) of that Schedule);

    the Minister is satisfied that the person has provided, in writing, an undertaking that is equivalent to the undertaking made by the current sponsor of the visa holder.

    (8)If the nomination was made before 1 July 2010 — the Minister is satisfied that the person has provided the following information as part of the nomination:

    (a)if there is a 6‑digit ASCO code for the nominated occupation — the 6-digit ASCO code;

    (b)if there is no 6-digit ASCO code for the occupation, and the person is a standard business sponsor — the name of the occupation as it appears in the instrument in writing made for the purposes of paragraph (10) (a);

    (c)if there is no 6-digit ASCO code for the occupation and the person is a party to a work agreement — the name of the occupation as it appears in the work agreement;

    (d)the location or locations at which the nominated occupation is to be carried out.

    (8A)If the nomination is made on or after 1 July 2010 – the Minister is satisfied that the person has provided the following information as part of the nomination:

    (a)if there is a 6-digit ANZSCO code for the nominated occupation - the name of the occupation and the corresponding 6-digit ANZSCO code;

    (b)if:

    (i)       there is no 6-digit ANZSCO code for the nominated occupation; and

    (ii)      the person is a standard business sponsor;

    the name of the occupation and the corresponding 6-digit code as they are specified in the instrument in writing made for paragraph (10)(aa);

    (c)if:

    (i)       there is no 6-digit ANZSCO code for the nominated occupation; and

    (ii)      the person is a party to a work agreement;

    the name of the occupation and the corresponding 6-digit code (if any) as they are specified in the work agreement;

    (d)the location or locations at which the nominated occupation is to be carried out.

    (8B)The Minister is satisfied that the person has, in writing, certified as part of the nomination whether or not the person has engaged in conduct, in relation to the nomination, that constitutes a contravention of subsection 245AR(1) of the Act.;

    (9)The Minister is satisfied that either:

    (a)there is no adverse information known to Immigration about the person or a person associated with the person; or

    (b)it is reasonable to disregard any adverse information known to Immigration about the person or a person associated with the person.

    (10)If the person is a standard business sponsor — the Minister is satisfied that:

    (a)if the nomination was made before 1 July 2010 - the nominated occupation corresponds to an occupation specified by the Minister in an instrument in writing for this paragraph; and

    (aa)if the nomination is made on or after 1 July 2010 – the nominated occupation and its corresponding 6-digit code correspond to an occupation and its corresponding 6-digit code specified by the Minister in an instrument in writing for this paragraph and the occupation is applicable to the person identified in the nomination in accordance with the specification of the occupation; and

    (b)if required by the instrument mentioned in paragraph (a)  or (aa) — the nomination of an occupation mentioned in the instrument is supported, in writing to the Minister, by an organisation specified by the Minister in an instrument in writing for this paragraph; and

    (c)the terms and conditions of employment of the person identified in the nomination will be no less favourable than the terms and conditions (including, if applicable, the terms and conditions provided by an enterprise agreement under the Fair Work Act 2009) that are provided or would be provided to an Australian citizen or an Australian permanent resident for performing equivalent work at the same location; and

    (cc)the base rate of pay, under the terms and conditions of employment mentioned in paragraph (c), that:

    (i)       are provided; or

    (ii)      would be provided;

    to an Australian citizen or an Australian permanent resident, will be greater than the temporary skilled migration income threshold specified by the Minister in an instrument in writing for this paragraph; and

    (d)if the nomination was made before 1 July 2010 - the person has certified as part of the nomination, in writing, that:

    (i)       the tasks of the position include a significant majority of the tasks of:

    (A)the nominated occupation listed in the ASCO; or

    (B)the nominated occupation specified in an instrument in writing for paragraph (a); and

    (ii)      if the person is lawfully operating a business outside Australia but does not lawfully operate a business in Australia:

    (A)the nominated occupation is a position in the business of the standard business sponsor; or

    (B)the nominated occupation is an occupation specified by the Minister in an instrument in writing for this sub-paragraph; and

    (iii)     if the person lawfully operates a business in Australia:

    (A)the nominated occupation is a position with a business, or an associated entity, of the person; or

    (B)the nominated occupation is an occupation specified by the Minister in an instrument in writing for this sub-paragraph; and

    (iv)     the qualifications and experience of the visa holder, or the applicant or proposed applicant for the visa, identified in relation to the nominated occupation are commensurate with the qualifications and experience specified:

    (A)for the occupation in the ASCO; or

    (B)if there is no ASCO code for the nominated occupation — for the occupation in the instrument in writing made for the purpose of paragraph (a); and

    (e)if the nomination is made on or after 1 July 2010 – the person has certified as part of the nomination, in writing, that:

    (i)       the tasks of the position include a significant majority of the tasks of:

    (A)the nominated occupation listed in the ANZSCO; or

    (B)the nominated occupation specified in an instrument in writing for paragraph (aa); and

    (ii)      if the person is lawfully operating a business outside Australia but does not lawfully operate a business in Australia:

    (A)the nominated occupation is a position in the business of the standard business sponsor; or

    (B)the nominated occupation is an occupation specified by the Minister in an instrument in writing for this sub-subparagraph; and

    (iii)     if the person lawfully operates a business in Australia:

    (A)the nominated occupation is a position with a business, or an associated entity, of the person; or

    (B)the nominated occupation is an occupation specified by the Minister in an instrument in writing for this sub-subparagraph; and

    (iv)     the qualifications and experience of the visa holder, or the applicant or proposed applicant for the visa, identified in relation to the nominated occupation are commensurate with the qualifications and experience specified:

    (A)for the occupation in the ANZSCO; or

    (B)if there is no ANZSCO code for the nominated occupation - for the occupation in the instrument in writing made for paragraph (aa).

    (f)the position associated with the nominated occupation is genuine; and

    (g)if the person has identified in the nomination the holder of a Subclass 457 (Temporary Work (Skilled)) visa in relation to whom the requirements in subclause 457.223(6) of Schedule 2 were met—one of the following applies:

    (i)       the requirements in subclause 457.223(6) of Schedule 2 continue to be met;

    (ii)      if:

    (A)the holder would be required to hold a licence, registration or membership that is mandatory to perform the occupation nominated in relation to the holder; and

    (B)in order to obtain the licence, registration or membership, the holder would need to demonstrate that the holder has undertaken a language test specified by the Minister under subparagraph 457.223(4)(eb)(iv) of Schedule 2 and achieved a score that is better than the score specified for the test by the Minister under subparagraph 457.223(4)(eb)(v) of Schedule 2;

    the holder demonstrates that he or she has proficiency in English of at least the standard required for the grant (however described) of the licence, registration or membership;

    (iii)     the holder is an exempt applicant within the meaning of subclause 457.223(4) of Schedule 2;

    (iv)     unless subparagraph (ii) applies—the holder:

    (A)has undertaken a language test specified by the Minister under subparagraph 457.223(4)(eb)(iv) of Schedule 2; and

    (B)achieved within the period specified by the Minister in a legislative instrument for this subparagraph, in a single attempt at the test, the score specified by the Minister under subparagraph 457.223(4)(eb)(v) of Schedule 2; and

    (h)either:

    (i)       the person will:

    (A)engage the visa holder, the applicant for a visa or the proposed applicant for  a Subclass 457(Temporary Work (Skilled)) visa only as an employee under a written contract of employment; and

    (B)give a copy of that contract to the Minister; or

    (ii)      the nominated occupation is an occupation specified by the Minister in an instrument in writing for sub-subparagraph (e)(iii)(B).

    (10AA)For paragraphs (10) (c) and (cc), if no Australian citizen or Australian permanent resident performs equivalent work in the person’s workplace at the same location, the person must determine, using the method specified by the Minister in an instrument in writing for this subregulation:

    (a)the terms and conditions of employment; and

    (b)the base rate of pay, under the terms and conditions of employment;

    that would be provided to an Australian citizen or an Australian permanent resident to perform equivalent work in the person’s workplace at the same location.

    (10AB)Paragraphs (10) (c) and (cc) do not apply if the annual earnings of the person identified in the nomination are equal to or greater than the amount specified by the Minister in an instrument in writing for this subregulation.

    (10A)The Minister may disregard the criterion in paragraph (10) (cc) for the purpose of subregulation (2) if:

    (a)the base rate of pay will not be greater than the temporary skilled migration income threshold specified for that paragraph; and

    (b)the annual earnings are equal to or greater than the temporary skilled migration income threshold; and

    (c)the Minister considers it reasonable to do so.

    (11)If the person is a party to a work agreement (other than a Minister) — the Minister is satisfied that:

    (a)the nominated occupation is specified in the work agreement as an occupation that the person may nominate; and

    (b)if the nomination was made before 1 July 2010 - the person has certified as part of the nomination, in writing, that:

    (i)       the tasks of the position include a significant majority of the tasks of:

    (A)if the nomination is made using an ASCO code - the nominated occupation listed in the ASCO; or

    (B)if the nomination is not made using an ASCO code -the nominated occupation specified in the work agreement; and

    (ii)      the qualifications and experience of the visa holder, or the applicant or proposed applicant for the visa, identified in relation to the nominated occupation are commensurate with the qualifications and experience specified for the occupation in the work agreement; and

    (c)if the nomination is made on or after 1 July 2010 - the person has certified as part of the nomination, in writing, that:

    (i)       the tasks of the position include a significant majority of the tasks of:

    (A)if the nomination is made using an ANZSCO code - the nominated occupation listed in the ANZSCO; or

    (B)if the nomination is not made using an ANZSCO code -the nominated occupation specified in the work agreement; and

    (ii)      the qualifications and experience of the visa holder, or the applicant or proposed applicant for the visa, identified in relation to the nominated occupation are commensurate with the qualifications and experience specified for the occupation in the work agreement.

    (12)If the person is a party to a work agreement and the work agreement specifies requirements that must be met by the party to the work agreement — the Minister is satisfied that the requirements of the work agreement have been met.