Workplace Justice (Subclass 408) Visa | End Workplace Exploitation
From 24 July 2024 onward, in response to combat workplace exploitation of temporary visa holders in Australia, the government has introduced the Workplace Justice Visa, under the Temporary Activity Visa (Subclass 408). This visa provides a pathway for individuals experiencing workplace exploitation, allowing them to remain in Australia while pursuing their claims.
What is The Workplace Justice Visa (Subclass 408)?
The Workplace Justice Visa is a temporary visa designed to support individuals who are currently on a temporary visa or have recently held one. This visa allows them to remain in Australia to take legal action if they have experienced workplace exploitation.
What are the Benefits of the Workplace Justice (Subclass 408) Visa?
The Workplace Justice Visa is part of the Temporary Work (subclass 408) visa under the Australian Government Endorsed Events (Workplace Justice Pilot) stream, and its main features of this new visa type include:
Rights to Remain in Australia: Temporary visa holders facing exploitation can stay in Australia for 6 – 12 months to pursue their claims.
Work Flexibility: Visa holders can work unrestricted hours in any occupation and with any employer, including self-employment.
Family Inclusion: The visa allows for the inclusion of family members in the application.
What Types of Visas are Eligible to Apply for a Workplace Justice Visa?
The following visa holders are eligible to apply for the Workplace Justice Visa:
What are the Main Requirements of the Workplace Justice Visa?
To qualify for the Workplace Justice Visa, applicants must meet the following criteria:
Be physically present in Australia when applying.
Hold a substantive visa (not a bridging visa) with no more than 28 days remaining or that expired less than 28 days ago.
Provide certification of the claimed workplace exploitation from an accredited third party.
Be committed to seeking justice or redress in a timely manner.
Meet standard health, character, health insurance, and genuine temporary entrant requirements.
What Constitutes ‘Workplace Exploitation’?
The government defines several legal circumstances that may be considered workplace exploitation, including:
Underpayment or non-payment of wages, including superannuation or other entitlements.
Threats from an employer regarding visa cancellation.
Upfront payments or deposits required for a job.
Unlawful, unpaid, or underpaid training or trials.
Misclassification as an independent contractor instead of an employee.
Pressure to work beyond visa conditions.
Non-compliance with workplace health and safety regulations.
Bullying or harassment, including sexual harassment.
Coercion, undue influence, or misrepresentation related to work.
Discrimination concerning employment arrangements.
Unfair dismissal.
What is the Certification Requirement for SC 408 - Workplace Justice Visa?
Applicants for the Workplace Justice Visa (Subclass 408) must provide a certification from an approved government agency or accredited third party. This certification should explain why it is necessary for the individual to remain in Australia to pursue their workplace exploitation claim.
Who Can Issue a Workplace Exploitation Certificate?
Only participating government agencies or accredited third parties can issue this certificate. For examples – The Office of the Fair Work Ombudsman, Australian Workers’ Union, Human Right Law Centre etc.
How Can Agape Henry Crux Help
With the introduction of the Workplace Justice Visa in hopes for temporary visa holders to remain in the country while pursuing legal action. At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are specialised in handling highly complex matters. You can book a consultation with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.