Workplace Justice (Subclass 408) Visa Application
In an effort to addressing workplace exploitation of temporary visa holders in Australia, the government has introduced the ‘Workplace Justice Visa’ to provide a visa pathway and support for people who are experiencing workplace exploitation.
The visa will enable temporary visa holders facing workplace exploitation to remain in Australia to pursue their workplace exploitation claim, work unrestricted hours, in any occupation and with any employer (including self-employment), and include any members of their family unit in the visa.
The visa falls under a stream of the Temporary Work (subclass 408) visa in the ‘Australian Government Endorsed Events (Workplace Justice Pilot) stream.
What can be considered ‘Workplace Exploitation’?
The legal circumstances that have been prescribed by the Government specifying the kind of workplace exploitation matters that may be set out are as follows:
- Underpayment or non-payment of wages including superannuation or other workplace entitlements;
- Threats from your employer to ‘cancel your visa’;
- Upfront payment or deposit for a job;
- Unlawful, unpaid or underpaid training or trials;
- Misclassification as an independent contractor instead of an employee;
- Pressure to work more hours than your visa conditions allow;
- Non-compliance in relation to workplace health and safety requirements;
- Bullying or harassment, including sexual harrasment;
- Coercion, undue influence or pressure, or misrepresentation in relation to your work or an arrangement in relation to your work; and
- Discrimination in relation to your work or an arrangement to your work
- Unfair dismissal.
Certification of claimed workplace exploitation requirement
Importantly, the visa requires that you provide to the Department a certification from an approved government agency or accredited third party that explains why it is beneficial or necessary for you to remain in Australia to pursue your workplace exploitation claim.
Who can issue a Workplace Exploitation Certificate?
Only a participating government agency or accredited third party can issue you with this certificate. Click here to view the legislative instrument listing the approved government agencies and third parties.
Eligible temporary visa holders
- Student visa (subclass 500)
- Working Holiday visa (subclass 417)
- Work and Holiday visa (subclass 462)
- Temporary Work (Skilled) visa (subclass 457)
- Temporary Skill Shortage visa (subclass 482)
- Temporary Work (International Relations) visa (subclass 403)
Main requirements of the Workplace Justice Visa
- Must be physically in Australia at the time the application is made
- Must have a substantive visa (not a bridging visa) that has no more than 28 days remaining or that expired less than 28 days ago
- Have certification of your claimed workplace exploitation matter from an accredited third party
- Be committed to seeking justice or redress within a timely manner
- Meet standard health, character, health insurance and genuine temporary entrant requirements
Workplace Justice Visa Frequently Asked Questions
Generally, if you hold an eligible visa, have 28 days or less remaining on your eligible visa, or your eligible visa expired less than 28 days ago, and you can provide a certificate of your workplace exploitation claims, you may be eligible to apply for this visa.
The visa will be granted for a period of 6 months if your stay in Australia is beneficial to pursue the workplace exploitation claim. Alternatively, where your stay in Australia is necessary to pursue the workplace exploitation claim and it is in the public interest, you can be granted the visa for up to 12 months.
Yes, you can include members of the family unit in your workplace justice visa application if they are physically in Australia when you lodge the application.
There is no visa application charge to apply for this visa. However, other costs such as legal fees, health checks and police certificates may be required. If a family member applies for this visa after you have applied, as a subsequent entrant, the government subsequent temporary application charge is payable.
Processing times vary based on the nature of the visa application, if all information, documents and evidence have been provided and/or if further information is required by the Department. Please view the Department’s Global Visa Processing Times for a current indication of the processing times for the workplace justice visa.