Australia has introduced a groundbreaking new visa, with the goal of safeguarding the rights of migrant workers. Launched on 1 July 2024, the Workplace Justice visa (subclass 408) allows migrant workers to remain onshore for up to twelve months as they seek legal action against exploitative employers.
The Workplace Justice visa is part of a package of reforms aimed to combat migrant worker exploitation. It is a pilot visa program that will be monitored and implemented over two years. Its goal is to remove visa barriers which may deter temporary migrants from reporting workplace exploitation due to concerns about the impact on their visa status.
Key features
No visa application charge: Home Affairs does not collect a visa application charge for Workplace Justice visas.
Full working rights: The visa provides full working rights to applicants, allowing them to financially support themselves during the workplace exploitation claim process.
Visa period: generally six to twelve months. The maximum visa period allowed in the legislation is four years.
Key eligibility criteria
Applicants must:
be in Australia to apply for this visa. The application is lodged online.
hold a temporary substantive visa with work rights with no more than 28 days remaining, OR
have held a temporary substantive visa with work rights that ceased no more than 28 days before applying for the Workplace Justice visa.
intend to remain in Australia to pursue a workplace justice activity. This means being a complainant, victim, alleged victim or party to court proceedings or investigation of workplace exploitation by a participating organisation. The relevant proceedings or complaint must have commenced before applying for the visa.
provide certification of the claimed workplace exploitation matter from a participating organisation (more on this below).
Certification of claimed workplace exploitation
At the time of lodging an application for the Workplace Justice visa, applicants must provide certification of their claimed workplace exploitation matter.
The legislation lists specific details which must be included in the certificate. These include a statement that the applicant's presence in Australia is beneficial or necessary for the exploitation matter to be investigated.
The certificate is provided by one of the participating government agencies or accredited third parties. If you have experienced workplace exploitation, the participating organisations listed below may be able to assist. They will assess your situation and if it meets the requirements, they can provide certification that they are investigating your workplace exploitation matter.
'Workplace exploitation matter' means:
(a) underpayment or non-payment of wages or other workplace entitlements;
(b) unlawful unpaid or underpaid training or trials;
(c) up-front payment or deposit for a job;
(d) misclassification of workers as independent contractors instead of employees;
(e) unlawful deductions from wages;
(f) unfair dismissal;
(g) non-compliance with workplace health and safety requirements;
(h) bullying;
(i) sexual harassment;
(j) discrimination;
(k) coercion, or undue influence or pressure, or misrepresentation.
The following organisations are authorised to provide workplace exploitation claim certificates:
The Office of the Fair Work Ombudsman
Australian Rail, Tram and Bus Industry Union (ARTBIU)
Australian Workers’ Union
Australasian Meat Industry Employees' Union
Electrical Trades Union of Australia National Council
Human Rights Law Centre
Migrant Workers Centre
Redfern Legal Centre Ltd
SA Unions
Shop, Distributive and Allied Employees' Association (the Association)
Unions Tasmania
The Association of Professional Engineers, Scientists and Managers
UnionsACT
Transport Workers' Union of Australia
Unions NSW
UnionsWA
United Workers Union (UWU)
Western Community Legal Centre Ltd (Westjustice)
Final Words
The introduction of the Workplace Justice visa is a world-first solution to combat workplace exploitation. By enabling migrant workers to stay and work while pursuing legal action, this visa not only empowers individuals but also enhances the integrity of the Australian visa system.
Migrants who have been the subject of workplace exploitation should take note of the requirement to have already commenced a workplace justice activity before applying for the visa. A workplace exploitation claim certification is unlikely to be provided if the claim does not appear genuine or has no evidence.
Stay tuned for more updates on Australia's visa system. Subscribe to the next ImmiUpdate below.
For more information please Contact Us or email elan@ryshermigration.com.au
Elan Rysher is a Registered Migration Agent and Qualified Student Counsellor. He is the main Writer for ImmiUpdates and the founder of Rysher Migration. Being a former migrant himself, Elan is passionate about helping others fulfil their Australian dream.
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