The Workplace Justice visa is a temporary visa that allows some temporary visa holders, or recent temporary visa holders, to stay in Australia to take legal action if they have been exploited at work.
You must hold, or have held, a temporary visa with work rights to obtain a Workplace Justice visa. You will not have to pay a fee to apply for a Workplace Justice visa.
The purpose of a Workplace Justice visa is to enable you to pursue your workplace exploitation claim. The Accredited Third Party that certified your workplace exploitation claim will be able to provide or refer you to appropriate support to help you pursue your claim.
What does pursuing a claim look like?
Pursuing you claim might mean:
- negotiating with your employer; or
- participating in mediation; or
- going to a tribunal or court.
Who is eligible for the Workplace Justice Visa
You may be eligible if you:
- Be in Australia either:
- On a temporary visa with work rights (other than a Bridging visa, Criminal Justice visa or Enforcement visa) that expires in 28days or less OR
- Have held a temporary visa with work rights (other than a Bridging visa, Criminal Justice visa or Enforcement visa) that expired no more than 28 days ago.
- Have your workplace exploitation matter certified by an accredited certifying organisation.
- Have health insurance and sufficient funds to cover your stay in Australia.
- Intend to stay in Australia for a temporary period.
- Meet certain health and character criteria
You may NOT be eligible if you:
- Have had a visa refused or cancelled.
- You will not be eligible for a Workplace Justice visa if you have not held a temporary visa with work rights for more than 28 days and currently hold a Bridging visa, Criminal Justice visa, Enforcement visa or are unlawful.
I want to apply for a Workplace Justice visa, what should I do?
It is important that you get immigration and employment law advice before applying for a Workplace Justice visa or the ‘Strengthening Reporting Protections’ protection against visa cancellation.
Step 1: You should get immigration law advice. You can contact a community legal centre that specialises in immigration law, a union (and ask for a referral to their immigration law service) or a private migration agent or lawyer.
Step 2: If they confirm you may be eligible for a Workplace Justice visa or the ‘Strengthening Reporting Protections’ protection against visa cancellation, you should contact an organisation who can provide you with employment law advice and certify your workplace exploitation matter.
Organisations that can certify a workplace exploitation matter
The Migrant Workers Centre is a small community legal service that provides employment law assistance to migrants who live or work in Victoria.
We may be able to assist with certification, please call us at (03) 7009 6710 (Monday to Friday, 9 AM – 5 PM).
Step 3: Once you receive your certification, you should contact a migration agent or lawyer to assist you with your application.
You can also apply for a Workplace Justice visa through your ImmiAccount. You will need to apply for a subclass 408 visa in the “Workplace Justice Pilot” and provide the following documents with your application:
- Certification of your workplace exploitation matter (see the list of organisations who can certify your workplace exploitation matter above).
- Evidence that you have sufficient funds for your stay in Australia.
- Evidence that you have suitable health insurance.
You don’t have to wait until the end of your stay in order to pursue a workplace matter. The earlier you report an issue and try to resolve it, the easier it will be to secure appropriate compensation. This visa is for those who are at the end of their stay and need a short extension of stay to pursue a workplace claim.
