This article is updated regularly. Last updated: Tuesday 27th August 2024
What is the Workplace Justice Visa?
The Workplace Justice Visa (subclass 408) is a new visa introduced to protect migrant workers who have experienced exploitation in their workplace.
This visa allows these workers to remain and work in Australia while their claims of exploitation are investigated.
It forms part of a broader effort by the Australian government to combat workplace exploitation and ensure justice for migrant workers, preventing their removal from Australia while their cases are under review.
The Workplace Justice Visa was introduced on July 24, 2024, offering a legal pathway for migrant workers who have no other options to remain in Australia for up to 12 months.
Workplace Justice Visa Cost
There is no application fee for the Workplace Justice Visa.
However, you may incur additional costs for items such as health checks, police certificates, and fees for immigration lawyers or registered migration agents.
If you add family members to your application after it has been submitted, they will need to pay a subsequent temporary application charge.
Contact us if you need any assistance to apply for the Workplace Justice Visa.
Requirements to apply for the Workplace Justice Visa
- Have experienced workplace exploitation
- Must be in Australia at the time of the application
- 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 has ceased within 28 days
- Have certification of your workplace exploitation claim from a participating government agency or an accredited third party
- Meet the health requirements
- Maintain adequate health insurance during your stay in Australia
Contact us if you need any assistance to apply for the Workplace Justice Visa.
What does exploitation mean?
You potentially can apply for the Workplace Justice Visa if you have experienced any of the following forms of workplace exploitation:
- 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 of workers as independent contractors instead of employees;
- unlawful deductions from wages;
- unfair dismissal;
- non-compliance with workplace health and safety requirements;
- bullying, in relation to work or an arrangement in relation to work;
- sexual harassment, in relation to work or an arrangement in relation to work;
- discrimination, in relation to work or an arrangement in relation to work;
- coercion, undue influence or pressure, or misrepresentation, in relation to work or an arrangement in relation to work.
What is the certification of workplace exploitation claim?
To be eligible for the Workplace Justice Visa, you must have certification of your claimed workplace exploitation matter and show commitment to seeking justice or redress promptly. You need certification from a participating government agency or an accredited third party.
This certification must explain why it is beneficial or necessary for you to stay in Australia to pursue your workplace exploitation claim.
Only a participating government agency or an accredited third party can certify your claim.
If you need to stay in Australia for up to 12 months, the certification must be provided by a lawyer with over 5 years of experience practicing for an accredited third party.
List of persons, bodies and government entities that can certify your claim
- 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
- Unions ACT
- Transport Workers' Union of Australia
- Unions NSW
- Unions WA
- United Workers Union (UWU)
- Western Community Legal Centre Ltd (West justice)
How long can I stay in Australia holding a Workplace Justice Visa?
You may be able to stay 6 or 12 months depending on your situation.
Can I extend the Workplace Justice Visa?
No, you cannot extend your stay in Australia by extending the Workplace Justice Visa.
If your workplace exploitation claim is not resolved before your visa expires, you may be eligible to apply for another visa. However, you must provide new certification from a participating government agency or an accredited third party when applying for a new visa; you cannot reuse the original certification.
If your claim is resolved and your visa is nearing expiration, you will need to apply for and obtain a different visa to stay in Australia.
Can I include family members on my visa?
Yes, you can include members of the family unit in your visa application, if they are in Australia when you lodge your application.
What are the workplace justice visa work conditions?
Workplace Justice visa holders can work in any occupation or industry, anywhere in Australia. They can also change employers, or work for more than one employer (including self-employment).
There are no work restrictions, as long as it does not prevent you from pursuing your workplace exploitation claim.
You can also check your conditions for work using VEVO.
Can I travel overseas while holding a 408 Workplace Justice Visa?
Yes, you can travel outside Australia and return as many times as you want during the visa stay period.
Work Visa Lawyers' Journey Advocating for a Workplace Justice Visa
At Work Visa Lawyers, we have been advocating for a Workplace Justice Visa for a number of years. For example, we called for a vulnerable person visa in this migration strategy blog written on the 21st of November, 2022.
Please contact us if you have been exploited and need assistance in applying for a 408 Workplace Justice Visa.
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