The Fiddler Pub Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of The Fiddler Pub Pty Ltd for approval of a nomination under the Short-term stream of the Temporary Skill Shortage (TSS) visa program. The Fiddler Pub sought to nominate a position of Hotel or Motel Manager, which corresponded to a specified occupation code. The core of the dispute revolved around whether the nominated position, within a licensed venue that did not offer guest accommodation, genuinely met the requirements of the nominated occupation and whether the applicant had demonstrated that the position was genuine, full-time, and offered employment conditions no less favourable than those available to Australian workers.

The Tribunal was required to determine whether the nominated occupation of Hotel or Motel Manager was a genuine and full-time position within the context of The Fiddler Pub's operations, given the absence of guest accommodation. Further, the Tribunal had to assess whether the nominee possessed the necessary special skills in function management that would justify the nomination for this particular role, and whether the proposed employment conditions for the nominee were at least as favourable as those that would be provided to an Australian employee performing equivalent work.

In its reasoning, the Tribunal noted that while the nominated occupation code typically relates to establishments providing accommodation, the specific duties and responsibilities of the role at The Fiddler Pub, particularly concerning function management and overall venue operations, could align with the broader scope of a Hotel or Motel Manager. The Tribunal applied the principles that the nominated occupation must be genuine and that the employer must demonstrate a genuine need for the nominated position. It also considered the legislative requirements regarding employment conditions. Ultimately, the Tribunal found that the nominated position was genuine and full-time, and that the nominee possessed the requisite special skills. Consequently, the decision under review, which had refused the nomination, was set aside.