Employers beware! Have you heard about the new Workplace Justice Visa that protects overseas workers?
As of the 1st of July 2024, the Australian Government has implemented the Workplace Justice Visa in the Migration Amendment Regulations 2024. This visa safeguards overseas workers’ rights in Australia and promotes fair treatment in the workplace. The Workplace Justice Visa represents a significant step towards ensuring that workers who face exploitation or injustice in the workplace have access to legal protection.
What is a Workplace Justice Visa?
A Workplace Justice Visa is designed to protect overseas workers in Australia who are experiencing, or have experienced any kind of unfair treatment or exploitation at their workplace. This Visa supports overseas workers facing injustice, whilst allowing them to remain in Australia on a valid temporary visa.
This Visa allows you to remain in Australia for up to 12 months, depending on your circumstances and there is no cost to apply.
Eligibility and application process
To apply for the Workplace Justice Visa, the applicant must either:
- Hold a temporary substantive visa with work rights with no more than 28 days remaining or;
- Have held a temporary substantive visa with work rights that ceased within 28 days of lodging your application.
The applicant must also obtain must obtain certification of their claimed workplace exploitation matter (only a government agency or an accredited third party can certify your claim).
You must also meet the following requirements:
- Must be able to support yourself and any dependant family members with you in Australia
- Must meet the health and character requirement
- Have and maintain adequate health insurance
- Must prove that you are a genuine temporary entrant (GTE) – provide evidence that the applicant only intends to remain in Australia temporarily
Some forms of workplace claims that can be made by the applicant are listed below:
- underpayment of wages
- pressure to work more hours than your visa conditions allow
- pressure to give your passport to your employer
- your employer threatening to cancel your visa
- bullying or harassment (including sexual harassment).
The Workplace Justice Visa is important as it empowers overseas workers in Australia to stand up against exploitation and unfair treatment and allows access to justice, regardless of their immigration status. It also incentivises employers to comply with the Fairwork Regulations.
If you would like further advice, feel free to contact our office below. We can help you assess your workplace exploitation claim.
Need Australian immigration law & visa assistance?
Contact us today so we can help guide you
Nevett Ford Lawyers Melbourne
Telephone: +61 3 9614 7111
Email: melbourne@nevettford.com.au
Visit our website: www.nevettford.com.au