Introducing the Workplace Justice Visa: A Crucial Regulation to Safeguard Temporary Migrants from Exploitation
The Australian Government announced a new regulation for the Workplace Justice Visa on 1 July 2024. The regulation addresses and mitigates workplace exploitation or abuse, subjecting temporary work migrants in Australia. The regulation hopes to ensure fair treatment for temporary work migrants in Australia.
The details of the features and eligibility criteria for the Workplace Justice Visa are explained further below.
What the Workplace Justice Visa Allows You To
The Workplace Justice Visa is a powerful tool for you, a temporary migrant who has been a victim of workplace exploitation. It not only allows you to stay in Australia for six to twelve months, with the possibility of extension for up to 4 years but also empowers you to continue your pursuit of justice. You can work, take part in legal actions, or file complaints regarding workplace exploitation, knowing that you have the support of the Visa.
The Australian Government is currently working to establish the Workplace Justice Visa to be under the subclass of Temporary Activity Visa (subclass 408).
Eligibility Criteria and Certification Requirements for Workplace Justice Visa
To apply for the Workplace Justice Visa, you must be in or outside Australia but not in immigration clearance. You also need certification from an authorised individual, organisation, or government agency, attesting to your experience of workplace exploitation. This certification is a crucial part of the application process, as it validates your claims.
The certification for Workplace Justice Visa application 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)
And the matters relating to workplace exploitation for the purpose of Workplace Justice Visa application should be one of the following:
- underpayment or non-payment of wages or other workplace entitlements;
- unlawful unpaid or underpaid training or trials;
- up-front payment or deposit for a job;
- misclassification or workers as independent contractors instead of employees;
- unlawful deductions from wages;
- unfair dismissal;
- non-compliance with workplace health and safety requirements;
- bullying;
- sexual harassment;
- discrimination;
- coercion, or undue influence or pressure, or misrepresentation.
How Workplace Justice Visa Impacts Employers and Temporary Migrants
The Workplace Justice Visa underscores the importance of defending the rights of temporary migrant workers. It also reaffirms the Australian government’s commitment to respecting human rights and ethical work practices. Employers, in turn, must adhere to employment rules and uphold moral principles to avoid legal ramifications.
Know Your Rights as Temporary Work Migrants
To avoid workplace exploitation, you must understand your rights as a temporary work migrant in Australia. Under the National Employment Standards (NES), every employee is entitled to basic minimum entitlements, which include:
- maximum weekly hours of work
- requests for flexible working arrangements
- parental leave and related entitlements
- annual leave
- sick (personal)/carer’s leave, compassionate leave and family and domestic violence leave
- community service leave
- long service leave
- public holidays
- notice of termination and redundancy pay
- superannuation (super)
- the Fair Work Information Statement and Casual Employment Information Statement
- the right for casual employees to become permanent employees in some circumstances.
However, note that only a limited number of NES benefits are available to casual workers. You must check your minimal rights and conditions at work, usually established in an award, an enterprise agreement, or an employment contract, with your employer.
Find what you should do to protect yourself from workplace exploitation here.
Definition of Workplace Exploitation
According to the Fair Work Ombudsman (FWO) Australia, workplace exploitation happens when an employer mistreats a potential or current employee due to one of the following factors:
- race
- colour
- sex
- sexual orientation
- breastfeeding
- gender identity
- intersex status
- age
- physical or mental disability
- marital status
- family or carer’s responsibilities
- pregnancy
- religion
- political opinion
- national extraction
- social origin
- experiencing (or having experienced) family and domestic violence.
Furthermore, an employer’s adverse action can involve any of the following actions, threats or planning:
- Dismissing a worker;
- Hurting a worker in the course of their employment;
- Changing a worker’s position to their disadvantage;
- Discriminating against a potential worker in the terms and conditions of the employment offer;
- Refusing to hire a potential worker.
Fair Work Ombudsman Australia also states that temporary work migrants have the right to a workplace free from bullying and sexual harassment. If you’ve experienced any exploitation at your workplace, find out what to do here.
Experiencing Exploitation at Your Workplace? Here’s What You Should Do
If you’re experiencing exploitation at your workplace, you must report it early. Early reporting of workplace exploitation may help others and enable you to receive the care you require.
If you are a temporary visa holder working in Australia and being exploited at work, ask the Fair Work Ombudsman (FWO) for assistance, or contact a union, community legal centre, or attorney.
It’s important to remember that even if you violate the terms of your visa, your employer does not have the authority to cancel it. Only the Department of Home Affairs and Australian Border Force can grant, refuse, or revoke your visa. This protection ensures that your visa status is not at risk, even if you are facing workplace exploitation.
You can make an anonymous report on workplace or temporary migrant exploitation to FWO here.
We are here to help you.
Our visa specialists at ONEderland Consulting will assist you with the Workplace Justice Visa if you require one. We have a 98% success rate and are one of Australia’s most highly recommended migration agents. Read our 4.9* score customer reviews.
We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the MARA.
Take the first step and get in touch with us. Our team members are professional and honest and speak various languages, such as Mandarin/ Chinese, Bahasa Indonesia, Arabic, Japanese, and Thai. Contact us through email at [email protected] or via phone at 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.