The New Workplace Justice Visa

Australia has recently introduced a new workplace Justice visa aimed at protecting migrant workers from worker exploitation while keeping their immigration status protected. This is a world first and is a recognition of the dangers facing temporary migrants in Australia. The need for a workplace justice visa was highlighted by the report of the Migrant Justice Institute (MJI).

Why is there a need for the Workplace visa?

It recognized that most migrants knew that they were being underpaid but nine out of 10 of those migrants do not report due to fear of losing their visa.  Temporary visa holders can speak up about abuse and underpayment without putting their visa at risk and be forced to leave.

What is the Workplace Justice Visa?

This visa allows migrant workers to remain in Australia temporarily to address an employment dispute without the fear of losing their visa status. Their current visa must have work rights.

It is specifically designed for migrants with issues such as unsafe working conditions, underpayment and other types of workplace exploitation. 

This visa uses the Subclass 408 Temporary Activity visa stream.

There is nothing stopping the government from cancelling the visa for breaches of other conditions (i.e. fraud, health or character)

Applying for this visa

To apply for this visa, migrants must obtain certification from a government agency or an accredited third party.  

The certification for the Workplace Just visa should be issued by one of the following government agencies or organisations:

• 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)

This must explain why it is necessary for you to stay in Australia to pursue your workplace exploitation claim. This requirement cannot be waived.

If you need to stay in Australia for up to 12 months, the certification must be given by a lawyer with 5+years of experience from for an accredited third party.

There is no application charge and visa holders will have the right to work in Australia while they pursue any claims.

Applicants should 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 had ceased within 28 days.

Members of the family in Australia may be included in the application.

It came into effect on 1st July 2024 and is a stream under the subclass 408 visa.

Do you require further assistance

If you have further questions about the above, or have any other immigration related query, please get in touch with our experienced team. Contact us by email at hello@canberramigrationservices.com.au or by phone at +614517572873.

This article does not constitute legal advice or create an attorney-client relationship. Please consult an immigration professional for up to date information.