ZED (WA) Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning ZED (WA) Pty Ltd's nomination for a position under the Direct Entry stream. The dispute centred on whether the nominating entity met the requirements for approval under Regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if ZED (WA) Pty Ltd had made sufficient attempts to recruit suitably qualified Australian citizens or permanent residents for the nominated position, if the business had a satisfactory record of compliance with workplace relations laws, and if there was a genuine need to employ a paid worker for the position. Additionally, the Tribunal considered whether there was any adverse information known to the Department of Immigration regarding the nominator or associated persons, and if the position's associated occupation was genuine.

The Tribunal found that the applicant had provided open and honest evidence, and that the nominating entity, a specialised construction business in Western Australia, had a genuine need for a supervisor and leader of subcontractors and apprentices. After researching the employment market and noting a high demand for similar roles, the Tribunal was satisfied that the terms and conditions of employment were equivalent to those offered to Australian workers in similar positions. The Tribunal also found that the nominator had a satisfactory record of compliance with workplace relations laws and that no adverse information was known to Immigration. Crucially, the Tribunal determined that the nominator had adequately demonstrated sufficient recruitment efforts, addressing the primary reason for the delegate's refusal.

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