Cases

Ri Engineering Pty Ltd (Migration) [2017] AATA 317
The Tribunal sets aside the decision not to approve the nomination and substitutes a decision that the nomination is approved.
Migration – Nomination – Subclass 457 – Labour market testing – Metal fabricator – Requirement inconsistent with international trade obligation of Australia – ASEAN-Australia-Mew Zealand Free Trade Agreement.

SEPULVEDA ARROYO (Migration) [2017] AATA 313
The Tribunal remits the application for a Temporary Business Entry (Class UC) visa for reconsideration, with the direction that the visa applicant meets the following criteria for a Subclass 457 visa: Migration – Temporary Business Entry (Class UC) visa – Subclass 457 – Skills, qualifications and employment background – Cook – Recognition of prior learning – Employment background as cook. Migration Act 1958, s 65; Migration Regulations 1994, Schedule 2, cl 457.223(4)(da).

Trazmet (Sydney) Pty Ltd (Migration) [2017] AATA 314
The Tribunal sets aside the decision under review and substitutes a decision approving the nomination. Migration – Nomination – Temporary Residence Transition nomination stream – Full-time employment in position for required period – Carpenter and Joiner – Nomination transferred to new company – Related entities- Migration Act 1958, ss 140GB, 245AR(1); Migration Regulations 1994, Schedule 2, r 5.19(3), r 5.37, cl 457.223(4), IMMI 13/030.

Rosa v Daily Planet Australia Pty Ltd & Anor [2017] FCCA 512
INDUSTRIAL LAW – Application under Fair Work Act – failure to pay entitlements under award – whether part time or full time – adverse action – penalties and compensation. Fair Work Act 2009 (Cth), s.384.

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