Australia’s migration system has long faced the challenge of balancing the need for temporary workers with the responsibility to ensure that those workers are treated fairly. Migrant workers are often among the most vulnerable to exploitation, particularly when their visa status is tied to a single employer or when they face barriers to accessing justice. To address this, the government introduced the Workplace Justice Visa (Subclass 408), commencing on 1 July 2024.
This visa stream is designed to address the issue of migrant worker exploitation by providing a safe, lawful pathway for affected individuals to remain in Australia while seeking justice. The Workplace Justice Visa is a positive step towards ensuring fairness, accountability, and dignity for all workers, regardless of their visa status.
What is the Subclass 408 Workplace Justice Visa?
The Workplace Justice Visa is a pilot program that allows migrant workers who have experienced workplace exploitation to stay in Australia for 6 to 12 months. During this period, visa holders can pursue legal remedies and participate in investigations or proceedings related to their exploitation, without the fear of immigration consequences or loss of lawful status.
The Workplace Justice Visa stream is established under the Migration (Workplace Justice Visa—LIN 24/055) Instrument 2024 (F2024L00918). The instrument commenced on 23 July 2024 and will operate as a key element of the pilot program for its two-year duration.
What Constitutes Workplace Exploitation?
The visa framework adopts a broad and inclusive definition of exploitation, recognising both financial and non-financial harms. Examples include:
Financial Exploitation:
- Underpayment or non-payment of wages and entitlements (including superannuation)
- Unpaid training periods or work trials
- Unlawful deductions from pay
- Misclassification of employees as independent contractors
- Unfair dismissal
Non-Financial Exploitation:
- Bullying, harassment, or discrimination
- Sexual harassment or coercion
- Threats (including threats to cancel a visa)
- Workplace health and safety violations
This comprehensive approach ensures that all forms of mistreatment undermining worker dignity, safety, and equity are addressed.
Certifying Entities: Who Can Issue a Certificate?
A central requirement for the Workplace Justice Visa is a certificate confirming workplace exploitation. This certificate can only be issued by authorised bodies, which include government regulators, unions, and reputable community legal organisations.
The list of authorised bodies who can issue these cerificates include:
- The Office of the Fair Work Ombudsman
- The Australian Workers’ Union
- Redfern Legal Centre
- United Workers Union
- Human Rights Law Centre
- Westjustice
- Other nominated organisations with experience in migrant worker rights. For a full list of certified entities, visit the Department of Home Affairs website here.
The inclusion of unions and community legal centres, alongside government agencies, ensures that workers can access support from trusted advocates, increasing the likelihood of reporting and redress.
Eligibility Criteria
To apply for the Workplace Justice Visa, applicants must:
- be in Australia at the time of application.
- hold or have held within the last 28 days, a substantive visa with work rights that is expiring or has expired.
- provide a valid certificate of workplace exploitation, stating that it is beneficial, necessary or in the public interest for the applicant to remain in Australia to address the matter
- meet the standard health and character requirements
- hold appropriate health insurance
Importantly, there is no government visa application charge, making the visa accessible to those who may be financially disadvantaged due to exploitation.
Visa Duration and Conditions
- Duration: 6 to 12 months, determined by individual circumstances and the time required to pursue justice
- Work Rights: Full work rights, with no restriction to a specific employer or occupation
- Family Members: Eligible family members already in Australia may be included in the application
These conditions ensure that visa holders can support themselves and their families while seeking redress, without being forced into further vulnerability.
Broader Significance and Policy Impact
The Workplace Justice Visa is a landmark reform in Australia’s migration and labour rights landscape. It addresses long-standing barriers that have prevented migrant workers from reporting exploitation, such as fear of visa cancellation or loss of lawful status. By providing a secure pathway to remain in Australia, the visa encourages reporting, strengthens enforcement, and deters exploitative practices.
This initiative aligns with broader government reforms aimed at promoting fairness, integrity, and sustainability in the migration system. It also positions Australia as a leader in protecting migrant worker rights, potentially serving as a model for other countries.
The program also aligns with broader reforms in the migration system that emphasise fairness, integrity, and sustainability. It complements measures to increase employer compliance and signals a move towards a rights-based migration framework rather than one focused purely on enforcement.
Internationally, this pilot may serve as a model for other countries grappling with how to protect temporary migrant workers. It demonstrates that migration policy can and should be designed not only to fill labour shortages but also to ensure justice for those who contribute to the economy under vulnerable conditions.
Concluding Thoughts
The introduction of the Workplace Justice Visa (Subclass 408) is a landmark development in Australian migration law. It gives exploited workers a lawful pathway to remain in the country, provides them with full work rights, and allows them to pursue justice without fear of reprisal. Backed by legislation and implemented through a network of trusted certifying bodies, the visa addresses long-standing gaps in the protection of migrant workers.
For migrant workers, it offers security and the chance to seek redress. For employers, it is a reminder that exploitation will not go unchecked. And for the community, it reinforces the principle that all workers deserve justice, regardless of their visa status.
If you are navigating a workplace dispute and require support to maintain your legal status while your proceedings are ongoing, our migration experts are here to assist. For tailored, confidential advice, contact us at https://migrationaffairs.com.au/contact/.
Changes to the relevant laws can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our experts for tailored advice on your circumstances and eligibility.
