This visa is available to temporary visa holders in Australia who have experienced workplace exploitation and need to remain in the country to pursue their claims. Eligible visa holders include those on Student Visas (Subclass 500), Working Holiday Visas (Subclass 417 & 462), and Temporary Skill Shortage Visas (Subclass 482), among others.
Workplace Justice (Subclass 408) Visa Application
To address the issue of workplace exploitation of temporary visa holders in Australia, the government has introduced the Workplace Justice Visa. This visa provides a legal pathway for individuals experiencing workplace exploitation to remain in Australia while pursuing their claims.
The Workplace Justice Visa
The Workplace Justice Visa allows visa holders to:
- Remain in Australia to pursue their workplace exploitation claim.
- Work unrestricted hours in any occupation and with any employer (including self-employment).
- Include family members in the visa application.
This visa falls under the Temporary Work (Subclass 408) Visa in the Australian Government Endorsed Events (Workplace Justice Pilot) Stream.
What Qualifies as Workplace Exploitation?
The Australian Government defines workplace exploitation as circumstances including, but not limited to:
- Underpayment or non-payment of wages, superannuation, or other entitlements.
- Threats from employers to cancel your visa.
- Upfront payments or deposits for job placement.
- Unlawful, unpaid, or underpaid training or trials.
- Misclassification as an independent contractor instead of an employee.
- Pressure to work beyond the hours allowed by your visa conditions.
- Non-compliance with workplace health and safety regulations.
- Bullying or harassment, including sexual harassment.
- Coercion, undue influence, or misrepresentation regarding work conditions.
- Discrimination or unfair dismissal related to your work.
Certification of Workplace Exploitation Claims
To apply for this visa, you must obtain certification from an approved government agency or accredited third party confirming that it is necessary for you to remain in Australia to pursue your workplace exploitation claim.
Who Can Issue a Workplace Exploitation Certificate?
Only a participating government agency or accredited third party can issue this certificate. The legislative instrument listing these approved agencies can be accessed through the Department of Home Affairs website.
Eligible Visa Holders
Temporary visa holders eligible to apply for the Workplace Justice Visa include:
- Student Visa (Subclass 500)
- Working Holiday Visa (Subclass 417)
- Work and Holiday Visa (Subclass 462)
- Temporary Work (Skilled) Visa (Subclass 457)
- Temporary Skill Shortage Visa (Subclass 482)
- Temporary Work (International Relations) Visa (Subclass 403)
Requirements for the Workplace Justice Visa
To be eligible for the Workplace Justice Visa (Subclass 408), applicants must:
- Be physically in Australia when submitting the application.
- Hold a substantive visa (not a bridging visa) that:
- Has no more than 28 days remaining, or
- Expired less than 28 days ago.
- Obtain certification of the workplace exploitation claim from an accredited third party.
- Demonstrate a commitment to seeking justice within a reasonable timeframe.
- Meet Australian visa requirements, including health, character, health insurance, and the genuine temporary entrant requirement.
How Global Vision Migration Can Assist You
If you are experiencing workplace exploitation and believe you are eligible for the Workplace Justice Visa (Subclass 408), it is essential to submit a strong and well-documented application.
At Global Vision Migration, we can:
- Assess your eligibility for the Workplace Justice Visa.
- Assist in obtaining certification from an approved third party.
- Prepare and lodge your application, ensuring all required documents are submitted correctly.
- Provide legal support and guidance to protect your rights and immigration status.
Need Help Applying for the Workplace Justice Visa?
If you have faced workplace exploitation and need to remain in Australia to seek justice, contact Global Vision Migration today for expert assistance with your Subclass 408 Workplace Justice Visa application. Our team is here to support you every step of the way.
Schedule a Consultation with Global Vision Migration for Expert Immigration Advice and Assistance
FAQs for Workplace Justice Visa – Subclass 408
Workplace exploitation includes underpayment of wages, non-payment of superannuation, threats of visa cancellation by employers, illegal job deposits, coercion, misclassification as an independent contractor, workplace harassment, discrimination, and unsafe work conditions.
Yes, you must obtain a Workplace Exploitation Certificate from an approved government agency or accredited third party. This certificate confirms that it is necessary for you to remain in Australia while seeking justice.
Yes! Visa holders can work unlimited hours in any occupation and with any employer, including self-employment, ensuring financial stability while they pursue their workplace exploitation claim.
Yes, eligible family members can be included in your visa application, allowing them to stay in Australia with you while you pursue your claim.
If your claim is successfully resolved, you may explore options for other visas, such as skilled or employer-sponsored visas, depending on your circumstances. GVM can guide you on the best pathways available.
