Time Transport Pty Ltd (Migration)

This matter concerned an application by Time Transport Pty Ltd for approval of a nomination for a Customer Service Manager position under the Direct Entry stream of the Employer Nomination Scheme (visa subclass 186). The Administrative Appeals Tribunal was required to determine whether the nominator met all the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the nomination to be approved. The nominator, operating a fleet of trucks for grocery deliveries, sought to nominate Mr Bernardo Bafile Pacifici for the position.

The Tribunal was tasked with assessing compliance with several regulatory requirements. These included whether the application was in the approved form and accompanied by the prescribed fee, and whether the nominator identified a genuine need to employ a paid employee under their direct control. Further, the Tribunal had to consider if the nominator was actively and lawfully operating a business in Australia, had the financial capacity to employ the nominee full-time for at least two years, and offered terms and conditions of employment no less favourable than those provided to an Australian citizen or permanent resident in equivalent circumstances. The Tribunal also examined whether there was any adverse information known to Immigration about the nominator or associated persons, and if the nominator had a satisfactory record of compliance with workplace relations laws. Finally, the Tribunal had to determine if the tasks of the nominated position corresponded to an occupation specified by the Minister, if there was a genuine need for the nominee, and if applicable training requirements were met.

The Tribunal found that the application was compliant with the formal requirements, including the certification regarding conduct contravening section 245AR(1) of the Migration Act 1958. The director of Time Transport Pty Ltd provided forthright evidence demonstrating a genuine need for the Customer Service Manager role, given the company's operations involving approximately 8,000 customer interactions per week and the nominee's responsibilities in managing customer service supervisors, developing complaint resolution systems, and ensuring client KPIs were met. The Tribunal was satisfied that the nominator was actively and lawfully operating its business, possessed the financial capacity, and offered appropriate employment terms. No adverse information was known to Immigration, and the nominator had a satisfactory record of workplace relations compliance. The tasks of the position were found to correspond to the nominated occupation, and the nominee possessed the necessary skills assessment.

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