In July 2024, the new Workplace Justice Visa (Subclass 408) was introduced as a critical step towards protecting temporary visa holders with work rights from exploitation by employers. This visa offers a pathway for affected workers to secure temporary protection while navigating issues with their employers.
What constitutes worker exploitation?
The workplace Justice Visa covers several types of exploitation including:
– Underpayment: compared to industry average – learn more here.
– Pressure to work: more hours than visa conditions allow
– Unlawful retention of worker passports: by employers
– Threats: to cancel visas
– Bullying or harassment: including sexual harassment
How does it protect workers?
If a worker feels they’re being taken advantage of, they can make a claim to a participating government agency, or an accredited third party. Once a claim has been validated the worker may be granted a Workplace Justice Visa for a six month period, although it can be up to 12 months under certain circumstances.
The Broader Migration Strategy: Why was this visa introduced?
This new visa is a response to a recent review into the Australian Government’s migration system that highlighted temporary migrant workers were vulnerable and attracted a heightened risk of exploitation. Hence, the Workplace Justice Visa has been introduced to address worker exploitation, along with other measures to
– Enable migrant workers to more easily leave an employer and move to a new job
– Enhance the provision of information on workplace rights and conditions
– Improve the government’s monitoring and compliance capabilities to detect and prevent exploitation.
All of this is part of the Federal Government’s broader Migration Strategy which is focused on creating a fairer, faster and more efficient immigration system for migrant workers and employers alike.
What does this mean for employers?
As an employer its crucial to understand how this new visa impacts your responsibilities:
- Unrestricted work rights: a holder of the Workplace Justice Visa, has unrestricted work rights during the validity period of their visa.
- Increased compliance standards: Employers must be vigilant in maintaining fair labour practices and complying with both employment and immigration laws. The government’s renewed focus on compliance means that employers who exploit migrant workers are now under stricter scrutiny, facing potential fines for non compliance.
How we can help support your business
Understanding and meeting these obligations can be complex. The Migration Agency is here to help employers navigate these new regulations ensuring compliance and ethical practices in the workplace. From providing expert advice on immigration law to assisting with workplace immigration matters and compliance, we can guide you through these changes effectively. If you are seeking guidance hiring talent and the different visa pathways available or ensuring compliance with the latest changes please contact The Migration Agency; call us on 02 8896 6056, or email us directly info@themigrationagency.com.au
