Key features

• No visa application charge: Home Affairs does not collect a visa application charge for Workplace Justice visas.

• Full working rights: The visa provides full working rights to applicants, allowing them to financially support themselves during the workplace exploitation claim process.

• Visa period: generally six to twelve months. The maximum visa period allowed in the legislation is four years.

Key eligibility criteria

Applicants must:

• be in Australia to apply for this visa. The application is lodged online.

• 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 no more than 28 days before applying for the Workplace Justice visa.

• intend to remain in Australia to pursue a workplace justice activity. This means being a complainant, victim, alleged victim or party to court proceedings or investigation of workplace exploitation by a participating organisation. The relevant proceedings or complaint must have commenced before applying for the visa.

• provide certification of the claimed workplace exploitation matter from a participating organisation (more on this below).

Certification of claimed workplace exploitation

At the time of lodging an application for the Workplace Justice visa, applicants must provide certification of their claimed workplace exploitation matter.

The legislation lists specific details which must be included in the certificate. These include a statement that the applicant’s presence in Australia is beneficial or necessary for the exploitation matter to be investigated.

The certificate is provided by one of the participating government agencies or accredited third parties. If you have experienced workplace exploitation, the participating organisations listed below may be able to assist. They will assess your situation and if it meets the requirements, they can provide certification that they are investigating your workplace exploitation matter.

‘Workplace exploitation matter’ means:

(a) underpayment or non-payment of wages or other workplace entitlements;

(b) unlawful unpaid or underpaid training or trials;

(c) up-front payment or deposit for a job;

(d) misclassification of workers as independent contractors instead of employees;

(e) unlawful deductions from wages;

(f) unfair dismissal;

(g) non-compliance with workplace health and safety requirements;

(h) bullying;

(i) sexual harassment;

(j) discrimination;

(k) coercion, or undue influence or pressure, or misrepresentation.

The following organisations are authorised to provide workplace exploitation claim certificates:

• The Office of the Fair Work Ombudsman

• Australian Rail, Tram and Bus Industry Union (ARTBIU)

• Australian Workers’ Union

• Australasian Meat Industry Employees’ Union

• Electrical Trades Union of Australia National Council

• Human Rights Law Centre

• Migrant Workers Centre

• Redfern Legal Centre Ltd

• SA Unions

• Shop, Distributive and Allied Employees’ Association (the Association)

• Unions Tasmania

• The Association of Professional Engineers, Scientists and Managers

• UnionsACT

• Transport Workers’ Union of Australia

• Unions NSW

• UnionsWA

• United Workers Union (UWU)

• Western Community Legal Centre Ltd (Westjustice)