Introducing the 408 Work Justice Visa
The 408 Work Justice Visa was launched in Australia in July 2024 as part of a two-year pilot program to combat workplace exploitation of migrant workers.
This visa offers temporary legal status to individuals who have experienced workplace mistreatment, enabling them to remain in the country while seeking justice. It provides critical protection against visa cancellation, even if workers have breached conditions of their initial visa due to exploitation.
Who Is the Work Justice Visa For?
The 408 Work Justice Visa is designed for workers who have been subjected to serious workplace exploitation in Australia. This includes temporary visa holders who might otherwise be unable to report unlawful practices due to fear of deportation or losing their employment.
What Is the Work Justice For?
The visa empowers exploited workers to pursue legal action against abusive employers without jeopardizing their right to stay in the country. By addressing systemic barriers to justice, the program promotes fair treatment and safer working environments for all employees.
What Workplace Issues Qualify?
The program covers a range of workplace exploitation issues, namely:
(a) underpayment or non-payment of wages or other workplace entitlements;
(b) unlawful unpaid or underpaid training or trials;
(c) up-front payment or deposit for a job;
(d) misclassification of workers as independent contractors instead of employees;
(e) unlawful deductions from wages;
(f) unfair dismissal;
(g) non-compliance with workplace health and safety requirements;
(h) bullying;
(i) sexual harassment;
(j) discrimination;
(k) coercion, or undue influence or pressure, or misrepresentation.
How Do You Apply for a Work Justice Visa?
Applicants must obtain certification of their claim from an accredited entity, such as a government agency or legal advocacy group. This certification must outline the nature of the workplace exploitation and demonstrate why the applicant’s presence in Australia is necessary to resolve the issue. Applications must be submitted before the applicant’s current visa expires or within 28 days of its expiration.
Visa applicants must also meet character, health and financial criteria as part of their application.
Who Can Certify a Work Justice Visa claim?
Certification can be issued by accredited organizations, including government entities like the Fair Work Ombudsman or legal advocacy groups such as the Human Rights Law Centre, Redfern Legal Centre, and various unions. These certifying bodies assess the claims and verify the applicant’s need for continued residence in Australia to pursue justice.
Accredited Certification Organizations
|
No. |
Column 1 Name of entity |
Column 2 Type of entity |
Column 3 ABN |
|
1 |
The Office of the Fair Work Ombudsman |
government |
43 884 188 232 |
|
2 |
Australian Rail, Tram and Bus Industry Union (ARTBIU) |
body |
28 921 128 419 |
|
3 |
Australian Workers’ Union |
body |
28 853 022 982 |
|
4 |
Australasian Meat Industry Employees’ Union |
body |
12 206 758 691 |
|
5 |
Electrical Trades Union of Australia National Council |
body |
60 429 406 804 |
|
6 |
Human Rights Law Centre |
body |
31 117 719 267 |
|
7 |
Migrant Workers Centre |
body |
75 362 088 900 |
|
8 |
Redfern Legal Centre Ltd |
body |
31 001 442 039 |
|
9 |
SA Unions |
body |
49 207 741 085 |
|
10 |
Shop, Distributive and Allied Employees’ Association (the Association) |
body |
99 789 302 470 |
|
11 |
Unions Tasmania |
body |
55 482 384 108 |
|
12 |
The Association of Professional Engineers, Scientists and Managers |
body |
99 589 872 974 |
|
13 |
UnionsACT |
body |
31 724 041 495 |
|
14 |
Transport Workers’ Union of Australia |
body |
18 559 030 246 |
|
15 |
Unions NSW |
body |
43 132 138 531 |
|
16 |
UnionsWA |
body |
64 950 883 305 |
|
17 |
United Workers Union (UWU) |
body |
52 728 088 684 |
|
18 |
Western Community Legal Centre Ltd (Westjustice) |
body |
72 604 181 071 |
How Long Is the Work Justice Visa Valid For?
The 408 Work Justice Visa is valid for up to 12 months, during which the holder can remain in Australia to address their exploitation claims. Extensions or additional visas may be considered based on the progress of the legal proceedings.
This initiative aims to protect workers’ rights and tackle exploitation, ensuring dignity and fairness in the workplace for everyone.
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