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457 Programme – Temporary Skilled Migration Income Threshold (TSMIT)

Thank you for the opportunity to comment on the Discussion Paper on the 457 Programme – Temporary Skilled Migration Income Threshold (TSMIT). 

This submission, which has been prepared by the Migration Law Committee in the Law Council’s Federal Litigation and Dispute Resolution Section, suggests that there are compelling public policy grounds for removing the TSMIT. These include that the TSMIT distorts market wages and pulls against the mechanisms in place for regulating and enforcing employment conditions under the Fair Work Act 2009 (Cth), notwithstanding the refining and strengthening of the market salary provisions of the TSMIT in recent years. The TSMIT does not provide a remedy for an aggrieved employee, and could be removed in the interests of streamlining and deregulating employment requirements for temporary skilled employees, without negatively impacting their entitlements. Removal of the TSMIT will benefit small business and businesses in regional areas which are already subject to sufficient regulation, monitoring and compliance activities to safeguard employees, and that are currently heavily affected by the TSMIT. 

The Law Council would welcome the opportunity to discuss this submission. Should you have any questions, in the first instance please contact the chair of the Migration Law Committee in the Federal Litigation and Dispute Resolution Section, Mr Erskine Rodan OAM T: 03 9329 8744, E: e.rodan@erskinerodan.com.au 

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