Empowering Migrant Workers Against Exploitation
We are thrilled to announce the launch of Workplace Justice Visa (SC 408), A new clause has been established under the subclass 408 Temporary Activity Visa of the Migration Regulations for a Workplace Justice Visa, effective from July 1, 2024. This visa is designed to provide migrant workers in Australia with enhanced protections and confidence to report workplace exploitation.
What is a Workplace Justice Visa?
The Workplace Justice Visa allows temporary migrant workers to stay in Australia while they address matters of workplace exploitation. Migrant workers may be eligible to apply for this visa if they receive a certificate from an authorised person, body or government entity. The certificate must be valid, specify the details of the workplace exploitation as specified in the instrument https://www.legislation.gov.au/F2024L00919/latest/text and confirm that the applicant’s presence in Australia is essential for effectively addressing the issue.
Who can issue a Certificate?
- Certificates can be issued by various authorised entities, including:
- Office of Fairwork Ombudsman: https://www.fairwork.gov.au/about-us/contact-us/offices/australian-capital-territory
- Human Rights Law Centre: https://www.hrlc.org.au/
- Migrant Workers Centre: https://www.migrantworkers.org.au/
- Redfern legal Centre: https://rlc.org.au/
Western Community Legal centre: https://communitylegalwa.org.au
What Constitutes 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 of workplace health and safety requirements
- Bullying, in relation to work or an arrangement in relation to work
- Sexual harassment, in relation to work of 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 to work
Eligibility Requirements
In addition to the requirements mentioned above, to apply for the Workplace Justice Visa, applicants must:
- Hold a substantive visa with no conditions prohibiting work in Australia and have 28 days or less remaining on that visa: or
- Not hold a substantive visa, provided the last substantive visa ceased no more than 28 days before the application and was not subject to any conditions prohibiting work in Australia.
Why Workplace Justice Visa?
This visa is not only a tool for protection but also a statement of the Australian Government’s commitment to justice for migrant workers in Australia. It ensures that the rights of migrant workers in Australia are upheld and that you have the support needed to address and resolve exploitation issues.
Get Assistance Today.
For personalised assistance with your Workplace Justice Visa application, contact Anu at Anu@anagramimmigration.com.