Starting July 1, 2024, the Subclass 408 Temporary Activities visa will include a new Workplace Justice stream. This visa is designed to help temporary visa holders address workplace exploitation.
Key topics discussed in today’s update
- Purpose and Duration of the Workplace Justice Stream
- Application Requirements for Workplace Justice Stream
- Eligibility Criteria for Workplace Justice stream
- Protections Against Visa Cancellation
Starting July 1, 2024, a new Workplace Justice stream has been introduced under the subclass 408 Temporary Activities visa. This visa aims to help temporary visa holders address workplace exploitation without the fear of visa cancellation. Notably, there is no cost to apply for this visa.
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Purpose and Duration of the Workplace Justice Stream
The workplace justice visa allows aggrieved temporary visa holders and their family members to remain and work in Australia while seeking redress for worker exploitation. This visa is granted for an initial period of 6 or 12 months.
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Application Requirements for Workplace Justice Stream
To apply for the workplace justice visa, applicants must be in Australia. There is no sponsorship requirement, but a certificate from an entitled person, body, or government entity is necessary. This certificate must show prima facie evidence of workplace exploitation.
Eligibility Criteria for Workplace Justice stream
Applicants must be involved in a workplace justice activity, which includes being a complainant, victim, or party in criminal or civil proceedings related to workplace exploitation. Such proceedings must have already commenced to avoid frivolous applications.
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Protections Against Visa Cancellation
The new regulations provide additional protections to prevent visa cancellation for temporary migrant workers facing exploitation. Visas cannot be canceled if the worker:
- Holds a certificate proving workplace exploitation
- Breached work-related visa conditions due to exploitation
- Committed in writing to future compliance with visa conditions
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Conclusion
The workplace justice stream will run as a pilot program for two years and aims to provide temporary visa holders with a secure means to pursue justice without risking their immigration status. This initiative, coupled with the Migration Amendment (Strengthening Employer Compliance) Act 2024, is a significant step towards protecting vulnerable workers in Australia.
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