Vishal Deep (Migration)

[2020] AATA 1463

Vishal Deep (Migration) [2020] AATA 1463 (23 April 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Vishal Deep

CASE NUMBER:  1829698

HOME AFFAIRS REFERENCE(S):          BCC2008/138102

MEMBER:Antonio Dronjic

DATE:23 April 2020

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision not to grant the applicant a Skilled (Provisional) (Class VC) visa.

Statement made on 23 April 2020 at 12:38pm

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Skilled – Graduate) –study requirements – study closely related to nominated occupation – comparison of study and ANZSCO specifications – not working in nominate occupation – decision under review affirmed

LEGISLATION

Migration Regulations 1994 (Cth), Schedule 2, cl 485.213(b)

CASES
Chawdhury v MIAC [2010] FMCA 275
Constantino v MIBP [2013] FCA 1301
MIBP v Dhillon (2014) 227 FCR 525
Talha v MIBP [2015] FCAFC 115
Uddin v MIAC [2010] FCA 1281

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 21 September 2018 to refuse to grant the applicant a Skilled (Provisional) (Class VC) visa under s.65 of the Migration Act 1958.

2. The applicant applied for the visa on 30 December 2008. At the time the visa application was lodged, Class VC contained two subclasses, 485 and 487. The completed application form indicates that the relevant subclass in this case is Subclass 485, the criteria for which are set out in Part 485 of Schedule 2 to the Migration Regulations 1994 (the Regulations).

   BACKGROUND

3. On 30 December 2008, the applicant applied for a Skilled Graduate (subclass 485) visa. On 12 October 2012, the Department refused the application as the applicant was unable to satisfy public interest criterion (PIC) 4020. The delegate found that there was evidence before the Minister that the applicant had given, or caused to be given, a bogus document; specifically, the TRA skills assessment submitted to the Department on 2 February 2009.

4. The applicant sought review in the then Migration Review Tribunal (MRT) and on 29 April 2015, the MRT affirmed the decision of the Department.

5. On or around 1 June 2015, the applicant sought review of that decision in the Federal Circuit Court  and on 6 July 2017, the matter was remitted back to the Administrative Appeals Tribunal (the Tribunal) by consent orders on the basis that the Tribunal failed to disclose the existence of an s.376 certificate to the applicant.

6. On 30 June 2018, the Tribunal decided to waive the PIC 4020(1) and remitted the primary decision for reconsideration.

7. On 21 September 2018, the delegate again refused to grant the visa to the applicant on the basis that the applicant did not satisfy cl.485.222 of Schedule 2 to the Regulations. The delegate was not satisfied that the applicant’s Diploma of Business was closely related to the nominated occupation of pastry cook (ANZSCO 3511).

8. The Tribunal notes that the delegate refused the application applying the Regulations that were in force at the time of the delegate’s decision. The applicable version of the Regulations is one in force at the time of visa application i.e. 20 December 2008. Clause 458.222 relied on by the delegate applies only to visa applications made on or after 23 March 2013.

9. Accordingly, the Tribunal is satisfied that the relevant clause is cl.485.213 which prescribes:

   485.213

   The following requirements are met:

   (a)    the applicant satisfied the 2-year study requirement in the period of 6 months ending immediately before the day on which the application was made;

   (b)    each degree, diploma or trade qualification used to satisfy the 2 year study requirement is closely related to the applicant’s nominated skilled occupation.

10. The applicant completed the following courses in Australia:

    ·Certificate III in Food Processing (Retail Baking - Cake and Pastry) registered on the Provider Registration and International Student Management System (PRISMS) website as 48 weeks in duration. This course was completed at Della International College between 13 November 2006 and 22 February 2008; and

    ·Diploma of Business Management registered on PRISMS website as 48 weeks in duration. This course was also completed at Della International College between 25 February 2008 and 7 November 2008.

11. The applicant sought review of the delegate’s decision on 10 October 2018 and with his application submitted a copy of the primary decision record.

12. The applicant appeared before the Tribunal on 9 April 2020 to give evidence and present arguments. The applicant was represented in relation to the review by his registered migration agent. The representative attended the Tribunal hearing.

13. The applicant is 36 years of age and a citizen of India. He first came to Australia as a holder of a Student visa in November 2006. The applicant lodged his Subclass 485 visa on 30 December 2008 and nominated pastry cook as his occupation.

14. The applicant stated in his evidence that he is currently employed as a motor mechanic. He has been working in this occupation for the past seven years. Since 2008, after he allegedly completed voluntary work experience, he has not been working as a pastry cook. The applicant claims that the last time he attempted to find employment as a pastry cook was in 2009.

15. In his evidence, the applicant confirmed that in October 2008, he obtained a successful skills assessment outcome for his nominated occupation of a pastry cook from Trades Recognition Australia (TRA). He stated that TRA requirements for skills assessment for the nominated occupation of a pastry cook were completion of a Certificate III in Food Processing (Retail Baking - Cake and Pastry) and evidence of 900 hours of relevant work experience. He conceded that the Diploma of Business was neither necessary nor required for the TRA skilled assessment.

16. The applicant indicated that he read the submissions provided to the Tribunal by his legal representative and that he intended to rely on those submissions.

17. For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.

    CONSIDERATION OF CLAIMS AND EVIDENCE

18. The primary criteria for the grant of a Subclass 485 visa include a two-pronged requirement that the applicant satisfies a ‘2-year study requirement’, on the basis of qualifications that are closely related to the occupation the applicant has nominated for the visa (cl.485.213). The issue in the present case is whether the applicant meets that requirement.

    Has the applicant satisfied the 2-year study requirement?

19. Clause 485.213(a) requires that the applicant satisfied the ‘2-year study requirement’ in the 6 months immediately preceding the visa application date. Under r.1.15F(1) of the Regulations, a person satisfies the ‘2 year study requirement’ if the person satisfies the Minister that the person has completed 1 or more degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a course or courses:

    ·that are registered courses; and

    ·that were completed in a total of at least 16 calendar months; and

    ·that were completed as a result of a total of at least 2 academic years study; and

    ·for which all instruction was conducted in English; and

    ·that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study.

20. ‘Degree’, ‘diploma’, ‘trade qualification’ and ‘registered course’ are all defined terms (see rr.1.03, 1.15F and 2.26A(6), and cl.485.111). For visa applications made on or after 26 April 2008, ‘completed’, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award (r.1.15F(2)).

21. The applicant is seeking to rely on the Diploma of Business Management, which was completed on 7 November 2008, to meet the 2-year study requirement. That is, a course that he completed in the 6 months before the visa application was made on 30 December 2008.

22. According to the applicant’s submissions of 8 April 2020 and the PRISMS website, the Diploma of Business Management the applicant completed at Della International College was registered for 48 weeks’ duration and all instruction was in English.

23. As the requirement for a Subclass 485 visa is that the applicant must have completed at least 2 academic years of study – that is, at least 92 weeks of study consistent with the relevant instrument – the Tribunal finds that, relying on his Diploma of Business Management alone, the applicant does not satisfy the 2-year study requirement in the 6 months immediately preceding the day his Subclass 485 visa application was made on 30 December 2008 as required by cl.485.213(a) of Schedule 2 to the Regulations.

24. The 2-year study requirement does not require visa applicants to have completed a single course of study of 2 academic years’ duration. Accordingly, it is necessary to consider whether the applicant can rely on all the courses he completed in Australia to meet the 2-year study requirement.

25. The applicant has also provided evidence of completing a Certificate III in Food Processing (Retail Baking - Cake and Pastry) at Della International College between 13 November 2006 and 22 February 2008.

26. According to the applicant’s submissions of 8 April 2020 and the PRISMS website, a Certificate III in Food Processing (Retail Baking - Cake and Pastry) the applicant completed at Della International College was registered for 48 weeks’ duration and all instruction was in English.

27. Accordingly, the Tribunal finds that the registered courses undertaken by the applicant at Della International College have a total registered duration in excess of 92 weeks and were completed in a total of at least 16 calendar months.

28. Departmental records confirm that during the period 13 November 2006 (when the applicant commenced studies in Australia) and 7 November 2008 (when he completed the Diploma of Business Management) he was in Australia as the holder of Student visas authorising him to study in Australia.

29. Based on the evidence outlined above, the Tribunal finds that the applicant satisfies the 2-year study requirement in the 6 months immediately preceding the date of his Subclass 485 visa application. Therefore, he meets cl.485.213(a) of Schedule 2 to the Regulations.

    Is the qualification ‘closely related’ to the nominated occupation?

30. The criteria for the grant of the visa also require that the qualification used to satisfy the study requirement is closely related to the applicant’s nominated skilled occupation (cl.485.213(b)). An occupation is a ‘skilled occupation’ if: it is specified by the Minister as a skilled occupation; and, if a number of points are specified in the instrument as being available – for which the number of points are available; and that is applicable to the person in accordance with the specification of the occupation (rr.1.03 and 1.15I).

31. The applicant nominated the skilled occupation of pastry cook (ANZSCO 3511) which is a skilled occupation specified in the relevant legislative instrument. The issue is whether each degree, diploma or trade qualification used to satisfy the Australian study requirement is closely related to the applicant’s nominated occupation.

32. The term ‘closely related’ is not defined in the Regulations. However, the term has been considered by the Full Federal Court of Australia in the decisions of MIBP v Dhillon[1] and Talha v MIBP[2] as well as the Federal Court of Australia in its decision in Constantino v MIBP.[3] Accordingly, the Tribunal has been guided by these cases in its consideration of the issue presented in the applicant’s case.

    [1] (2014) 227 FCR 525.

    [2] [2015] FCAFC 115, Griffiths, Mortimer and Beach JJ.

    [3] [2013] FCA 1301, Jacobson J.

33. The leading authorities on the issue of whether a qualification used to satisfy the Australian study requirement (previously referred to as the two-year study requirement)  is ‘closely related’ to the applicant’s nominated skilled occupation establish that:

    ·While the words ‘closely related’ are not defined in legislation they do require and call attention to the connection between 2 things. And, although the words ‘closely related’ do not require an exact correspondence,[4] the relationship must be more than merely complementary.[5]

    ·In making the assessment, the nature of the nominated occupation must be determined by reference to the Australian and New Zealand Standard Classification of Occupations (ANZSCO) and, further, ANZSCO needs to be read as a whole with a view to identifying and applying information which is relevant to an understanding of the whole of the nominated occupation (emphasis added).[6]

    ·It is appropriate to objectively consider the relationship of the applicant’s qualification (or, in this case, qualifications) to the ANZSCO definition of the occupation rather than relying on the applicant’s own description of what the occupation entails, or the applicant’s own view of the proximity of the qualifications to the nominated occupation.[7]

    [4] MIBP v Dhillon (2014) 227 FCR 525 at [20]. See also Constantino v MIBP [2013] FCA 1301, Jacobson J at [33] quoting with approval Prasad v MIAC [2012] FCA 591, Logan J at [33].

    [5] Uddin v MIAC [2010] FCA 1281, North J at [10]–[12]; Constantino v MIBP [2013] FCA 1301, Jacobson J; and, MIBP v Dhillon (2014) 227 FCR 525, Griffiths, Mortimer and Beach JJ at [20].

    [6] Talha v MIBP [2015] FCAFC 115, Griffiths, Mortimer and Beach JJ at [56].

    [7] Chawdhury v MIAC [2010] FMCA 275, Raphael FM at [12]. See also Kabir v MIAC [2010] FMCA 577, Scarlett FM at [70], Shafiuzzaman v MIAC [2011] FMCA 874, Nicholls FM at [48]–[67] where the Court held that the Tribunal was correct in applying an objective test instead of a subjective test by the applicant that the term ‘closely related’ should be read as ‘complementary’ or ‘useful’ to the nominated occupation.

34. It is ultimately a matter for the decision-maker (that is, the Tribunal) to decide whether an applicant’s Australian qualifications are ‘closely related’ to the nominated skilled occupation[8] and, in carrying out the evaluative exercise, it is critical that the whole of the Australian studies be compared with the whole of the nominated occupation.[9]

    [8] Talha v MIBP [2015] FCAFC 115, Griffiths, Mortimer and Beach JJ, at [53].

    [9] Ibid at [53] endorsing MIBP v Dhillon (2014) 227 FCR 525 at [20] and Constantino v MIBP [2013] FCA 1301, Jacobson J at [26].

35. In considering whether these qualifications are closely related to the applicant’s nominated occupation, the Tribunal is not undertaking an assessment of whether any skills obtained from qualifications would benefit the applicant or be useful in a particular business context. Rather, the Tribunal is required to objectively consider whether the qualifications themselves are ‘closely related’ to the nominated occupation having regard to ANZSCO as a whole.

36. The Tribunal accepts that a Certificate III in Food Processing (Retail Baking - Cake and Pastry) the applicant completed on 22 February 2008 at Della International College is a qualification that is ‘closely related’ to the nominated skilled occupation.

37. In considering whether the applicant’s Diploma of Business is closely related to his nominated skilled occupation of pastry cook, the Tribunal had regard to hierarchies and groupings in ANZSCO of which the occupation forms part. The Tribunal also considered subjects completed by the applicant during his study for the Diploma in Business course.

38. According to the academic transcript for his Diploma of Business provided by the applicant, the subjects undertaken were:

    •Produce complex business documents;

    •Manage meetings;

    •Manage effective workplace relationships;

    •Market services and concepts to internal customers;

    •Manage people’s performance;

    •Prepare budgets and financial plans;

    •Manage budgets and financial plans; and

    •Ensure a safe workplace.

39. The Full Federal Court’s decision in Talha v MIBP referred to above notes that ANZSCO comprises a system of 5 hierarchies for classifying occupations. At the lowest level of this hierarchy, ANZSCO has a list of ‘Occupations’. The next level of hierarchy is known as a ‘Unit Group’. The next step up the ladder of the ANZSCO hierarchy is known as a ‘Minor Group’. Minor Groups are then aggregated to form ‘Sub-Major Groups’ which, in turn, step up and are aggregated at the highest level to form ‘Major Groups’.

40. Having identified information in ANZSCO in relation to the occupation of pastry cook, the Tribunal has considered the applicant’s studies in the Diploma of Business. These studies are intended to enable students to learn and develop business, leadership and management skills and knowledge and are not directed specifically at any industry. It prepares its graduates to work in any field.

41. The applicant’s nominated occupation forms part of a broader Unit Group 3511. There are two occupations in this Unit Group: Baker and Pastrycook. Full details in relation to Unit Group 3511 are extracted in Annexure A to this decision. The ANZSCO description for Unit Group 3511 states that tasks of Baker and Pastrycook include:

    ·checking the cleanliness of equipment and operation of premises before production runs to ensure compliance with occupational health and safety regulations

    ·checking the quality of raw materials and weighing ingredients

    ·kneading, maturing, cutting, moulding, mixing and shaping dough and pastry goods

    ·preparing pastry fillings

    ·monitoring oven temperatures and product appearance to determine baking times

    ·coordinating the forming, loading, baking, unloading, de-panning and cooling of batches of bread, rolls and pastry products

    ·glazing buns and pastries, and decorating cakes with cream and icing

    ·operating machines which roll and mould dough and cut biscuits

    ·emptying, cleaning and greasing baking trays, tins and other cooking equipment

42. The Tribunal considered tasks performed in Unit Group 3511 and found that none of them list business management as tasks undertaken by a pastry cook. Nor is there reference to managing or supervising staff being part of the ANZSCO description for the nominated occupation of a pastry cook. The Tribunal accepts the representative’s submissions that checking the cleanliness and operation of equipment and premises before production runs to ensure compliance with occupational health and safety regulations is related to one of the subjects completed by the applicant during his study in the Diploma in Business course. However, the Tribunal is not satisfied that other subjects completed by the applicant during his study for the Diploma in Business course are closely related to the above listed tasks in the Unit Group 3511.

43. Unit Group 3511 forms part of a higher hierarchy called Minor Group 351 – food trades workers. Full details are extracted at Annexure B. The ANZSCO description for Minor Group 351 states that food trades workers bake bread and pastry goods, prepare meat for sale, and plan, organise, prepare and cook food for dining and catering establishments.

44. The ANZSCO description for Minor Group 351 states that tasks of food trades workers include:

    ·checking the cleanliness and operation of equipment and premises before production runs to ensure compliance with occupational health and safety regulations

    ·planning menus, estimating food and labour costs, and ordering food supplies

    ·monitoring quality of food at all stages of preparation and presentation

    ·preparing meat for sale and baking bread, cakes and pastries

    ·preparing food and cooking using ovens, hotplates, grills and similar equipment

    ·portioning food, placing it in dishes, and adding gravies, sauces and garnishes

1. In her submissions of 8 April 2020, the applicant’s representative listed tasks and duties of a Minor Group 351 – food trades workers (see the above paragraph). The representative then listed subjects completed by the applicant during the Diploma of Business course.

2. The representative argues that the preparation and management of budgets, ensuring a safe workplace, managing effective workplace relationships, and managing performance and meetings are related to the tasks and duties of a Minor Group 351. It was submitted that:

   Specifically, planning menus, estimating food and labour costs, and ordering food supplies, are skills informed by the preparation and management of budgets and financial plans. These are clearly closely tied. Similarly, checking the cleanliness and operation of equipment and premises runs to ensure compliance with occupational health and safety regulations is a task closely and uncontroversially connected to the ensuring of a safe workplace. Similarly, the following four duties involve key tasks of being a food trades worker- preparing, baking, monitoring and portioning food.

   • monitoring quality of food at all stages of preparation and presentation

   • preparing meat for sale and baking bread, cakes and pastries

   • preparing food and cooking using ovens, hotplates, grills and similar equipment

   • portioning food, placing it in dishes, and adding gravies, sauces and garnishes

   In the ‘food trade’ industry – or one might say ‘hospitality’ industry – restaurants, bakeries, function centres and other food service providers work in teams. They work as cohesive units to deliver a quality and consistent product; to conceptualise, market, create and sell a quality food product and to deliver it with all of the practical challenges of commercial kitchens. The below three subjects are all highly relevant to the duties required for food trades workers;

   • Manage effective workplace relationships

   • Market services and concepts to internal customers

   • Manage people’s performance

   The skills conveyed and obtained in these units are connected to working within any cohesive team working together to create, market and sell a product. It is well established that kitchens are team environments typically run by a chef, pastry chef or manager, with pastry cooks, cooks, sous-chefs, and kitchen hands all working together to achieve the desired outcome. In large kitchens, there may be multiple cooks, or multiple pastry cooks, and the hierarchy might operate on multiple levels – for example, a head chef might run the kitchen, but there may be a head cook supervising the other cooks, managing performance and the relationships of the staff members beneath him. So may be the case in a commercial pastry cooking kitchen, where a pastry cook may work in a supervisory capacity in relation to the pastry cooks or pastry assistants who are junior to him or her. We encourage the Tribunal to take the approach set out in Talha, and to conclude that the applicant’s occupation of Pastry Cook is ‘closely related’ to the Diploma of Business, when a proper evaluative exercise is undergone.

3. The Tribunal considered tasks performed in Minor Group 351 and found that none of them list business management as tasks undertaken a by pastry cook. Nor is there reference to managing or supervising staff being part of the ANZSCO description for the nominated occupation of a pastry cook. While the Tribunal accepts the representative’s submissions that the task of planning menus and estimating food costs, and ordering food supplies are related to one of the subjects completed by the applicant during his study in the Diploma in Business course (preparing budgets and financial plans), the Tribunal notes that preparation and management of budgets involve much more than planning menus and ordering food supplies. Budgeting is a process whereby future income and expenditure are decided in order to streamline the expenditure process. Part of the budgeting process includes forecasting, monitoring and evaluating financial goals. These tasks are not listed in the ANZSCO description for Minor Group 351 and are not expected to be undertaken by a pastry cook.

4. The Tribunal does not accept the representative’s submissions that manage effective workplace relationship, market services and concepts to internal customers and manage people performance (three of the subjects completed by the applicant during his Diploma in Business course) are all highly relevant to the duties required for food trades workers. In her submissions, the representative relates these subjects and skills to a particular business context. It assumes the existence of a large kitchen with multiple cooks where a pastry cook may work in a supervisory capacity in relation to the pastry cooks or pastry assistants who are junior to him or her.

5. The Tribunal considered the relationship of the applicant’s qualifications to the ANZSCO definition of the occupation rather than relying on the applicant’s own description of what the occupation may entail. While the Tribunal accepts that those skills obtained from the Diploma of Business qualification may benefit the applicant or be useful in a particular business context, the Tribunal is not satisfied that they are closely related to the applicant’s nominated occupation of a pastry cook.

6. Minor Group 351 in turn forms part of a higher Sub-Major Group 35, which is called food trades workers. Full details are set out in Annexure C. ANZSCO’s description for Sub-Major Group 35 states that food trades workers bake bread and pastry goods, prepare meat for sale, and plan, organise, prepare and cook food for dining and catering establishments.

7. The tasks performed in  Sub-Minor Group 35 are the same as in Minor Group 351.

8. The highest hierarchy within which the applicant’s nominated occupation of pastry cook sits is Major Group 3 – Technicians and Trades Workers. ANZSCO states that Technicians and Trades Workers perform a variety of skilled tasks, applying broad or in-depth technical, trade or industry-specific knowledge, often in support of scientific, engineering, building and manufacturing activities. Full details are set out in Annexure D.

9. The Tribunal has considered the evidence provided, including the documentary evidence, submissions and the oral evidence given by the applicant at the hearing.

10. The Tribunal considered all five ANZSCO hierarchies for classifying occupations and tasks enlisted under each of these ANZSCO hierarchies. The Tribunal considered the applicant’s academic transcript for the Diploma of Business and the subjects undertaken during study as well as compared the whole of the Australian studies with the whole of the nominated occupation. Having carefully considered all the evidence, the Tribunal does not accept that the applicant’s Diploma of Business is closely related to his nominated occupation of pastry cook as claimed.

11. As the Tribunal has found that the applicant’s Diploma of Business qualification is not closely related to his nominated skilled occupation it follows that he does not meet cl.485.213(b) of Part 485 of Schedule 2 to the Regulations.

12. Based on the above findings, the applicant does not satisfy the criteria for the grant of a Subclass 485 visa. As this is the only relevant subclass in this case, the decision under review will be affirmed.

    DECISION

13. The Tribunal affirms the decision not to grant the applicant a Skilled (Provisional) (Class VC) visa.

    Antonio Dronjic
    Member

    
    

    Annexure A

    UNIT GROUP 3511 BAKERS AND PASTRYCOOKS

    
    BAKERS AND PASTRYCOOKS prepare and bake bread loaves and rolls, buns, cakes, biscuits and pastry goods.

    Indicative Skill Level:
    Most occupations in this unit group have a level of skill commensurate with the qualifications and experience outlined below.
    In Australia:

    AQF Certificate III including at least two years of on-the-job training, or AQF Certificate IV (ANZSCO Skill Level 3)

    
    In New Zealand:

    NZQF Level 4 qualification (ANZSCO Skill Level 3)

    
    At least three years of relevant experience may substitute for the formal qualifications listed above. In some instances relevant experience and/or on-the-job training may be required in addition to the formal qualification.

    Tasks Include:

    ochecking the cleanliness of equipment and operation of premises before production runs to ensure compliance with occupational health and safety regulations

    ochecking the quality of raw materials and weighing ingredients

    okneading, maturing, cutting, moulding, mixing and shaping dough and pastry goods

    opreparing pastry fillings

    omonitoring oven temperatures and product appearance to determine baking times

    ocoordinating the forming, loading, baking, unloading, de-panning and cooling of batches of bread, rolls and pastry products

    oglazing buns and pastries, and decorating cakes with cream and icing

    ooperating machines which roll and mould dough and cut biscuits

    oemptying, cleaning and greasing baking trays, tins and other cooking equipment

    
    Occupations:

    351111 Baker
    351112 Pastrycook

    
    351111 BAKER

    
    Prepares and bakes bread loaves and rolls.

    Skill Level: 3
    Specialisation:

    Doughmaker

    
    351112 PASTRYCOOK

    
    Prepares and bakes buns, cakes, biscuits and pastry goods.

    Skill Level: 3
    Specialisation:

    Cake Decorator

    Annexure B
    MINOR GROUP 351 FOOD TRADES WORKERS

    
    FOOD TRADES WORKERS bake bread and pastry goods, prepare meat for sale, and plan, organise, prepare and cook food for dining and catering establishments.

    Indicative Skill Level:

    Most occupations in this minor group have a level of skill commensurate with the qualifications and experience outlined below.
    
    In Australia:

    AQF Associate Degree, Advanced Diploma or Diploma, or at least three years of relevant experience (ANZSCO Skill Level 2); or
    
    AQF Certificate III including at least two years of on-the-job training, or AQF Certificate IV, or at least three years of relevant experience (ANZSCO Skill Level 3)

    
    In New Zealand:

    NZQF Diploma, or at least three years of relevant experience (ANZSCO Skill Level 2); or
    
    NZQF Level 4 qualification, or at least three years of relevant experience (ANZSCO Skill Level 3); or
    
    NZQF Level 2 or 3 qualification, or at least one year of relevant experience (ANZSCO Skill Level 4)

    
    In some instances relevant experience and/or on-the-job training may be required in addition to the formal qualification.

    Tasks Include:

    ochecking the cleanliness and operation of equipment and premises before production runs to ensure compliance with occupational health and safety regulations

    oplanning menus, estimating food and labour costs, and ordering food supplies

    omonitoring quality of food at all stages of preparation and presentation

    opreparing meat for sale and baking bread, cakes and pastries

    opreparing food and cooking using ovens, hotplates, grills and similar equipment

    oportioning food, placing it in dishes, and adding gravies, sauces and garnishes

This section contains the following subsection :

          UNIT GROUP 3511 Bakers and Pastrycooks

          UNIT GROUP 3512 Butchers and Smallgoods Makers

          UNIT GROUP 3513 Chefs

          UNIT GROUP 3514 Cooks

Annexure C
SUB-MAJOR GROUP 35 FOOD TRADES WORKERS

FOOD TRADES WORKERS bake bread and pastry goods, prepare meat for sale, and plan, organise, prepare and cook food for dining and catering establishments.
Indicative Skill Level:
Most occupations in this sub-major group have a level of skill commensurate with the qualifications and experience outlined below.

In Australia:

AQF Associate Degree, Advanced Diploma or Diploma, or at least three years of relevant experience (ANZSCO Skill Level 2); or

AQF Certificate III including at least two years of on-the-job training, or AQF Certificate IV, or at least three years of relevant experience (ANZSCO Skill Level 3)

In New Zealand:

NZQF Diploma, or at least three years of relevant experience (ANZSCO Skill Level 2); or

NZQF Level 4 qualification, or at least three years of relevant experience (ANZSCO Skill Level 3); or

NZQF Level 2 or 3 qualification, or at least one year of relevant experience (ANZSCO Skill Level 4)

In some instances relevant experience and/or on-the-job training may be required in addition to the formal qualification.

Tasks Include:

ochecking the cleanliness and operation of equipment and premises before production runs to ensure compliance with occupational health and safety regulations

oplanning menus, estimating food and labour costs, and ordering food supplies

omonitoring quality of food at all stages of preparation and presentation

opreparing meat for sale and baking bread, cakes and pastries

opreparing food and cooking using ovens, hotplates, grills and similar equipment

oportioning food, placing it in dishes, adding gravies, sauces and garnishes

This section contains the following subsection :

        MINOR GROUP 351 Food Trades Workers

Annexure D

MAJOR GROUP 3 TECHNICIANS AND TRADES WORKERS

TECHNICIANS AND TRADES WORKERS perform a variety of skilled tasks, applying broad or in-depth technical, trade or industry specific knowledge, often in support of scientific, engineering, building and manufacturing activities.

Indicative Skill Level:
Most occupations in this major group have a level of skill commensurate with the qualifications and experience outlined below.
In Australia:

AQF Associate Degree, Advanced Diploma or Diploma, or at least three years of experience (ANZSCO Skill Level 2); or

AQF Certificate III including at least two years of on-the-job training, or AQF Certificate IV or at least three years of relevant experience (ANZSCO Skill Level 3)

In New Zealand:

NZQF Diploma, or at least three years of relevant experience (ANZSCO Skill Level 2); or

NZQF Level 4 qualification, or at least three years of relevant experience (ANZSCO Skill Level 3)

In some instances relevant experience and/or on-the-job training may be required in addition to the formal qualification.

Tasks Include:

ocarrying out tests and experiments, and providing technical support to Health Professionals, Natural and Physical Science Professionals and Engineering Professionals

oproviding technical support to users of computer hardware and software

ofabricating, repairing and maintaining metal, wood, glass and textile products

orepairing and maintaining motor vehicles, aircraft, marine craft and electrical and electronic machines and equipment

oconstructing, repairing, fitting-out and finishing buildings and other structures

ooperating printing and binding equipment

opreparing and cooking food

oshearing, caring for, training and grooming animals, and assisting Veterinarians

opropagating and cultivating plants, and establishing and maintaining turf surfaces for sporting events

ocutting and styling hair

ooperating chemical, gas, petroleum and power generation equipment

oproviding technical assistance for the production, recording and broadcasting of artistic performances

This section contains the following subsection :

      SUB-MAJOR GROUP 31 Engineering, ICT and Science Technicians

      SUB-MAJOR GROUP 32 Automotive and Engineering Trades Workers

      SUB-MAJOR GROUP 33 Construction Trades Workers

      SUB-MAJOR GROUP 34 Electrotechnology and Telecommunications Trades Workers

      SUB-MAJOR GROUP 35 Food Trades Workers

      SUB-MAJOR GROUP 36 Skilled Animal and Horticultural Workers

      SUB-MAJOR GROUP 39 Other Technicians and Trades Workers