Twinkle Grace Pty Ltd (Migration)

The Administrative Appeals Tribunal (Cth) considered an application by Twinkle Grace Pty Ltd concerning the approval of a nominated position for an Accountant (General). The dispute arose from the Department's decision not to approve the nomination, which the applicant sought to have reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the approval of the nomination, specifically concerning the terms and conditions of employment for the nominated position. This involved assessing whether the proposed employment terms and conditions would be no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work at the same location, as required by regulation 2.72(10)(c) of the Migration Regulations 1994. The Tribunal also considered the definition of "earnings" and the method for determining terms and conditions where no equivalent Australian employees exist.

The Tribunal's reasoning focused on the requirements of regulation 2.72(10)(c). It noted that the applicant had declared no Australian employees performing equivalent work and had proposed guaranteed annual earnings of $60,000, supported by an employment contract. However, the Tribunal found that the applicant had not provided sufficient evidence to satisfy the Tribunal that the proposed terms and conditions were not less favourable than those that would be provided to an Australian citizen or permanent resident performing equivalent work. The Tribunal affirmed the decision under review.