The Work Justice Visa, introduced in July 2024 as a two-year pilot program in Australia, aims to tackle significant issues of exploitation and mistreatment in the workplace, particularly for migrant workers. If you’ve experienced workplace exploitation and are committed to seeking justice, the subclass 408 Work Justice Visa allows you to remain in Australia temporarily to address your claims. To qualify, you’ll need certification from a participating government agency or accredited organization supporting your case
What Is Workplace Exploitation?
Workplace exploitation includes unfair or unlawful treatment at work. Examples include:
- Underpayment of wages
- Being forced to work more hours than your visa allows
- Being pressured to hand over your passport to your employer
- Facing threats of visa cancellation from your employer
- Experiencing bullying or harassment including sexual harassment
What Types of Issues Qualify?
The following workplace matters are recognized as exploitation:
- Wage theft: underpayment or non-payment of wages
- Illegal job practices: unpaid training, unlawful deductions, or up-front fees
- Misclassification: being treated as an independent contractor instead of an employee
- Unfair treatment: dismissal, discrimination, bullying, or sexual harassment
- Health and safety violations: not following workplace safety rules
If you believe you’ve faced any of these issues, you can pursue justice with the support of an accredited agency or organization.
Who Can Certify Your Claim?
Only recognized government agencies or third parties can certify your case. Certification must explain why your presence in Australia is important to address the workplace exploitation effectively.
Some certifying entities include:
- Fair Work Ombudsman (government)
- Human Rights Law Centre
- Migrant Workers Centre
- Redfern Legal Centre
- Various unions, such as the Australian Workers’ Union and UnionsWA
|
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 to Apply for Certification
If you require a stay of up to 12 months, your certification must come from a qualified professional, such as:
- A lawyer with specialist accreditation in employment law, or
- A lawyer with 5+ years of experience working with an accredited third party. The certifying entities should be able to advise you on who can help yo
Your certification should include:
- Details about your employment and the exploitation you’ve faced (e.g., underpayment, unsafe work conditions).
- Your employer’s information, such as their name and business address.
Who Can Apply for the Work Justice Visa?
To apply, you must meet one of the following conditions:
- Currently hold a visa that allows work and is expiring within 28 days, or
- Previously held a visa that expired no more than 28 days ago, provided it allowed work.
Additionally, you must provide a valid certification from a recognized entity that confirms both the nature of the exploitation you experienced and why your presence in Australia is essential to resolving the matter effectively.
How Does This Visa Help?
The Work Justice Visa empowers exploited workers to pursue justice without fear of retaliation or deportation. It ensures that workplace issues are addressed fairly while supporting the rights and dignity of all workers in Australia.
