Scheduled Sanitary Services Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a position under the Direct Entry stream. The applicant, Scheduled Sanitary Services Pty Ltd, sought approval for a nomination for an Office Manager role. The core dispute revolved around whether the nominated position and the nominating entity met the requirements stipulated in Regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had demonstrated a genuine need to employ a paid Office Manager under its direct control, if the business was lawfully operating in Australia, and if the terms and conditions of employment were appropriate. Further, the Tribunal had to assess whether there was any adverse information known to the Department of Immigration concerning the nominator, and if the nominator had a satisfactory record of compliance with workplace relations laws. Finally, the Tribunal needed to ascertain if the tasks of the position corresponded to an eligible occupation and if the position could not be filled by an Australian citizen or permanent resident.

The Tribunal found that the nominating entity, a mid-size cleaning and hygiene company, had a genuine need for an Office Manager, given its operational scope and the challenges of recruiting experienced staff. The visa applicant’s qualifications and experience aligned with the requirements of the Office Manager role (ANZSCO 512111). The Tribunal was satisfied that the application was lodged correctly, the relevant fees were paid, and the business was actively and lawfully operating. It also found that the remuneration offered was within the mid quartiles for similar positions and that the terms and conditions of employment were equivalent to those offered to Australian workers. Crucially, no adverse information was presented, and the nominator had a satisfactory record of compliance with workplace relations laws.

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