Power System Design Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an employer nomination for a visa under the Direct Entry stream. The applicant, Power System Design Pty Ltd, sought approval for a nominated position as an Electrical Engineer. The dispute centred on whether the nominated position and the nominator met the requirements for approval under Regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position represented a genuine need for the employer, if the terms and conditions of employment were appropriate and equivalent to those offered to Australian workers, and if the nominator had a satisfactory record of compliance with relevant laws. Specifically, the Tribunal had to assess whether the employer could demonstrate a genuine need for the position that could not be filled by an Australian citizen or permanent resident, considering the challenges of recruiting and retaining suitably experienced staff in their field and location.

The Tribunal considered evidence of the nominator's business growth, including increased staffing levels and a rise in the number of temporary visa holder engineers, which indicated a growing need for skilled personnel. It also examined the visa applicant's qualifications and experience, finding they aligned with the duties of an Electrical Engineer. The Tribunal was satisfied that the salary offered, which had increased since the initial nomination, was appropriate for the role and experience level, and that the terms and conditions of employment were equivalent to those for Australian workers. Furthermore, the Tribunal found no adverse information regarding the nominator or the applicant, and noted a satisfactory record of compliance with workplace relations laws. A 'Satisfied' Regional Certifying Body Certificate had also been issued.

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