Shale (Migration)

This matter concerned an application for a Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The applicant sought review of a decision concerning whether she had met the remuneration requirements for the visa. The decision was made by a Tribunal member, Rosa Gagliardi.

The primary legal issue before the Tribunal was whether the applicant had been remunerated for her work in accordance with relevant Australian legislation and awards, specifically in relation to work undertaken for "One Big Family" (ABN: 93970577154). The applicant had provided payslips indicating payment on a piece rate basis, with varying amounts, and had also supplied a Job Description Form detailing her employment.

The Tribunal considered evidence that the applicant was paid on a piece rate basis for vine work, with the employer stating that the rates paid were in line with, and in fact exceeded, the recommended guidelines under the Australian Dried Fruit Australia 2016 award. Specifically, the applicant was paid $0.55 cents per vine, whereas the award rate was $0.38 cents per vine. The Tribunal also noted that the employer provided information regarding the calculation of piecework rates and the capacity of competent employees. Despite initial concerns about the sufficiency of information regarding "One Big Family," the employer's subsequent letter clarified the payment structure and compliance with awards.

The Tribunal concluded that the applicant met the criteria under cl.417.211(5) of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met this specific criterion for a Subclass 417 visa.