1. Anonymous Surveys to Gather Additional Insights:
   • In addition to direct consultations, TGI Fridays distributed anonymous surveys to the entire business to gather information in a different format.
   • These surveys provide employees with a safe, alternative way to voice concerns, share experiences, and provide feedback that informed our action plans.

1. Strengthened Compliance Through Regular Auditing:
   • The business now conducts monthly compliance audits of rosters across all venues.
   • These audits ensure adherence to Award requirements, visa conditions, and internal rostering standards, allowing for early detection and correction of non-compliant practices.

1. The applicant has also outlined the following changes made to its systems, to ensure ongoing compliance, communication, and to ensure that all workers are being appropriately remunerated:
   1. On 12 February 2024, following the monitoring activity, TGI Fridays reviewed the guaranteed annual earnings of all TSS visa holders to ensure they meet the higher of either the salary approved by Home Affairs or the current market salary rate for a 38-hour week. As a gesture of goodwill, the business increased the salaries of its entire 482 sponsored employee workforce to a minimum of $70,000 per annum in FY23-24. Many of its sponsored workers earn significantly more than this.

1. In FY26, chefs who were engaged at or above Chef De Partie (Cook grade 5 (tradesperson), receive an 'annualised salary' of no less than $75,914.80 plus superannuation (Annexure H), which includes penalty rates for weekend work and overtime rates for work completed outside the standard 38 hours. Many of its sponsored senior Chefs earn much more than this due to their experience and qualifications and the Department of Home Affairs minimum annual earnings requirements. This figure is reviewed every 12 months and is regularly updated to align with the financial year Fair Work rates. These salaries are calculated using salary benchmarking against the modern award, using Fair Work tools and recruitment systems and/or agencies.

We refer to Annexure F which demonstrates the remuneration reviews for FY25-26 for TGI Fridays sponsored chefs.

1. Enhanced its Rostering Policy (Annexure B) to ensure that salaried employees continue to have their rosters posted 14 days in advance with the requirement of all rosters to be written to meet minimum hours in contracts. Any additional reasonable hours offered to any sponsored employee are to follow the business's consultation process with the applicable employee. This process involves the employee agreeing to work specific additional reasonable hours, taking into account their personal circumstances. They will not be required to work any additional hours unless they agree.

We refer to all documents in Annexure B - these are documents that are routinely submitted to the Department of Home Affairs with all new TGI Friday's nomination applications.

1. The applicant has explained the previous rostering practices that led to the issues identified by the Department. The applicant has taken steps to avoid future problems through the positive actions it has taken, as outlined above.
2. The Tribunal is satisfied that the applicant has genuinely, and comprehensively, taken steps to improve its employment rostering, record-keeping, and pay systems.
3. The applicant has provided the Tribunal with a letter from the Fair Work Ombudsman, which undertook an audit following the monitoring activity by the Department. The Ombudsman assessed whether the applicant was compliant with the Fair Work Act 2009 (Cth) during the period from 1 August 2025 to 30 September 2025.
4. The letter from the Ombudsman, dated 26 November 2025, sets out the findings by the Fair Work Inspector:

Employees receive flat hourly rates of pay in line with the Agreement, which are higher than Award ordinary hourly rates in the corresponding classifications. The Better Off Overall Test (BOOT) was utilised to ascertain if excessive weekend, public holiday or overtime hours are worked by employees.

Following our review, the FWO has not identified any evidence of contraventions during the Assessment Period. Accordingly, the FWO considers this audit to be finalised.

1. The Tribunal weighs the evidence from the Ombudsman, together with the post-conduct steps taken by the applicant favourably, as a basis justifying the Tribunal's conclusion that it is reasonable to disregard the adverse information.
2. Importantly, the applicant has provided the Tribunal with evidence that it has actually implemented the proactive measures it has outlined. The Tribunal has formed the view that the applicant used the sanction outcome as an opportunity to carefully examine ways that it could improve its systems to ensure future compliance.
3. The Tribunal is satisfied that the applicant has put measures in place in an effort to prevent any further breaches. The applicant has also provided evidence that since expiry of the 6-month sponsorship bar, it has successfully sponsored 12 employees on subclass 482 visas, and 2 employees on subclass 186 visas. In each case, the applicant has disclosed the adverse information to the Department. This suggests to the Tribunal that the Department has formed a view that the applicant can and will meet its sponsorship obligations.
4. In these circumstances and having regard to the applicant's overall favourable record of compliance (one breach of its sponsorship obligations since 2008), the Tribunal considers it reasonable to disregard the adverse information relating to the applicant in this case.
5. Given the Tribunal's finding that it is reasonable to disregard the adverse information pursuant to reg 5.19(4)(b)(ii), the Tribunal is therefore satisfied that reg 5.19(4)(b) is met.

1. The Tribunal sets aside the decision under review and remits the application for reconsideration, in accordance with the order that the nomination meets the following criteria
   • Reg 5.19(4)(b).

Representative for the Applicant: Ms Yen Wei Wong

ATTACHMENT - EXTRACTS FROM THE MIGRATION REGULATIONS 1994

5.19 Approval of nominated positions - Subclass 186 (Employer Nomination Scheme) visa and Subclass 187 (Regional Sponsored Migration Scheme) visa

(1) A person (the nominator) (including a partnership or unincorporated association) may apply to the Minister for approval of the nomination of a position in Australia.

(aa) if the application identifies a Subclass 187 (Regional Sponsored Migration Scheme) visa-be made before 16 November 2019 (subject to subclause (2A)); and

(a) be made in accordance with approved form 1395 (Internet); and

(b) identify the position; and

(c) identify a person (the identified person) in relation to the position; and

(d) identify an occupation in relation to the position; and

(e) identify the subclass and stream to which the nomination relates, which must be one of the following:

(i) a Subclass 186 (Employer Nomination Scheme) visa in the Temporary Residence Transition stream;

(ii) a Subclass 187 (Regional Sponsored Migration Scheme) visa in the Temporary Residence Transition stream;

(iii) a Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream;

(iv) Subclass 187 (Regional Sponsored Migration Scheme) visa in the Direct Entry stream;

(v) a Subclass 186 (Employer Nomination Scheme) visa in the Labour Agreement stream; and

(f) be accompanied by the fee mentioned in regulation 5.37; and

(fa) be accompanied by any nomination training contribution charge the nominator is liable to pay in relation to the nomination; and

(fb) identify the annual turnover (within the meaning of the Migration (Skilling Australians Fund) Charges Regulations 2018) for the nomination; and

(g) include a written certification by the nominator stating whether or not the nominator has engaged in conduct, in relation to the nomination, that constitutes a contravention of subsection 245AR(1) of the Act.

(a) the application identifies a Subclass 187 (Regional Sponsored Migration Scheme) visa in the Temporary Residence Transition stream; and

(b) the identified person is a transitional 457 worker or transitional 482 worker at the time the application is made.

(a) approve the nomination if the Minister is satisfied that the requirements set out in subregulation (4) are met; or

(b) otherwise - refuse to approve the nomination.

(4) The requirements to be met for the nomination to be approved are as follows:

(a) the application is made in accordance with subregulation (2);

(b) either:

(i) there is no adverse information known to Immigration about the nominator or a person associated with the nominator; or

(ii) it is reasonable to disregard any adverse information known to Immigration about the nominator or a person associated with the nominator;

(c) if it is mandatory, in the State or Territory in which the position is located, for a person to:

(i) hold a licence of a particular kind; or

(ii) hold registration of a particular kind; or

(iii) be a member (or a member of a particular kind) of a particular professional body;

to perform tasks of the kind to be performed in the occupation, the identified person is, or is eligible to become, the holder of the licence, the holder of the registration, or a member of the body, at the time of application;

(d) the nominator has a satisfactory record of compliance with the laws of the Commonwealth, and of each State or Territory in which the nominator operates a business and employs employees in the business, relating to employment;

(da) any debt due by the nominator as mentioned in section 140ZO of the Act (recovery of nomination training contribution charge and late payment penalty) has been paid in full;

(e) if the nomination relates to a visa in a Temporary Residence Transition stream - the requirements set out in subregulation (5) are met;

(f) if the nomination relates to a visa in a Direct Entry stream - the requirements set out in subregulation (9) are met;

(g) if the nomination relates to a visa in a Labour Agreement stream - the requirements set out in subregulation (14) are met.

Temporary Residence Transition stream - additional requirements for approval

(5) If the nomination relates to a visa in a Temporary Residence Transition stream, the following requirements must also be met:

(a) at the time the application is made, the identified person holds:

(i) a Subclass 457 (Temporary Work (Skilled)) visa; or

(ii) a Subclass 482 (Temporary Skill Shortage) visa; or

(iii) if the last substantive visa held by the identified person was a visa mentioned in subparagraph (i) or (ii) - a bridging visa granted on the basis that the person is an applicant for a visa mentioned in subparagraph (i) or (ii), a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa;

(b) the occupation:

(i) is listed in ANZSCO; and

(ii) has the same 4‑digit ANZSCO occupation unit group code as the occupation in relation to which the identified person's most recently held Subclass 457 (Temporary Work (Skilled)) visa or Subclass 482 (Temporary Skill Shortage) visa was granted;

(d) either:

(i) there is no information known to Immigration that indicates that the identified person is not genuinely performing the tasks of the occupation as specified in ANZSCO; or

(ii) it is reasonable to disregard any such information;

(e) during the period of 3 years immediately before the application is made, the identified person held one or more of the following for a total period of at least 2 years:

(i) a Subclass 457 (Temporary Work (Skilled)) visa;

(ii) a Subclass 482 (Temporary Skill Shortage) visa;

(f) unless paragraph (g) applies - during the period of 3 years immediately before the application is made, the identified person was employed in the position in relation to which the visa, or visas, mentioned in paragraph (e) were granted:

(i) for a total period of at least 2 years (not including any periods of unpaid leave); and

(ii) on a full‑time basis, with the employment being undertaken in Australia;

(g) if the visa, or visas, mentioned in paragraph (e) were granted in relation to an occupation specified in an instrument made under subregulation 2.72(13) - during the period of 3 years immediately before the application is made, the identified person was employed in the occupation for a total period of at least 2 years (not including any periods of unpaid leave);

(h) the nominator:

(i) was the standard business sponsor, or a party to a work agreement, who last identified the identified person in a nomination approved under section 140GB of the Act; and

(ii) is actively and lawfully operating a business in Australia;

(j) the application identifies a need for the identified person to be employed in the position, under the direct control of the nominator;

(k) there is a genuine need for the identified person to be employed in the position, under the direct control of the nominator;

(l) the identified person will be employed on a full‑time basis in the position for at least 2 years;

(m) the terms and conditions of the identified person's employment will not include an express exclusion of the possibility of extending the period of employment;

(n) the nominator's business has the capacity to employ the identified person for at least 2 years and to pay the person at least the annual market salary rate for the occupation each year;

(o) the requirements set out in subregulation 2.72(15) are met, applying subregulations 2.72(15) and (16) as if:

(i) paragraph 2.72(15)(a) did not apply; and

(ii) references to the nominee were references to the identified person; and

(iii) references to the person were references to the nominator;

(p) either:

(i) there is no information known to Immigration that indicates that the employment conditions (other than in relation to earnings) that will apply to the identified person are less favourable than those that apply, or would apply, to an Australian citizen or an Australian permanent resident performing equivalent work at the same location; or

(ii) it is reasonable to disregard any such information;

(q) the nominator has provided the information required by the Minister for the purposes of paragraph (k) to (n).

Minister may vary certain Temporary Residence Transition stream requirements

(6) The Minister may, by legislative instrument, determine different periods of time for the purposes of paragraphs (5)(e), (f) and (g) for persons specified in the instrument.

(7) Paragraphs (5)(j), (k) and (l) do not apply in relation to occupations specified in an instrument made under subregulation 2.72(13).