Your Guide to the Workplace Justice Visa Process
- sydney779
- May 14
- 3 min read
The Subclass 408 Justice Visa Pilot Program, also referred to as the Workplace Justice Pilot, is a new temporary activity visa initiative by the Department of Home Affairs aimed at protecting migrant workers who face exploitation in Australian workplaces. Launched in July 2024, this two-year pilot offers a secure, lawful solution for recent temporary visa holders to remain in Australia temporarily while pursuing a workplace claim.
Overview
Administered under the Department of Home Affairs, the Subclass 408 Justice Visa enables temporary residents to legally stay in Australia to address a workplace exploitation matter. Whether the exploitation involves sexual harassment, denial of sick leave, or other breaches of entitlements, the program provides a critical bridge for migrants to take legal action without risking visa cancellation.
This visa program is part of a broader effort to promote fair treatment across all Australian workplaces, supported by unions such as Unions NSW and monitored by regulatory bodies like the Fair Work Ombudsman.
What is a workplace justice visa, and who qualifies for it?
The workplace justice visa is a special visa program in Australia designed to protect migrant workers facing exploitation. To qualify, applicants must demonstrate they are victims of workplace rights violations or unfair treatment, ensuring they receive legal protections while contributing to the economy.
Eligibility Criteria
To qualify for the Subclass 408 temporary activity visa, applicants must satisfy several additional requirements:
Current Visa Status: Must hold a temporary substantive visa with work rights that has 28 days or fewer remaining, or have held one that expired within the last 28 days.
Workplace Claim Certification: A certified written statement from a participating authority, such as the Fair Work Ombudsman, a recognized organisation, or an accredited third party, is required to verify the workplace exploitation matter.
Health Cover: Must maintain adequate health insurance during the temporary period of stay.
Support Test: Applicants may need to meet a support test to demonstrate their ability to remain in Australia without undue hardship.
Eligible individuals must lodge their applications online through the Department of Home Affairs website while present in Australia (but not in immigration clearance). Key steps include:
Submission of Documents: Includes the certified workplace claim and other supporting documents such as tax file number, proof of employment, and a valid Australian business number if applicable.
Family Inclusion: Members of the family unit can be included in the application, provided they are also in Australia temporarily.
Bridging Visa Grant: A bridging visa may be issued to allow applicants to remain in Australia lawfully while their processing times are pending.
Subclass 408 Visa Sponsorship Applicants' Benefits
The Subclass 408 Justice Visa provides critical protections and advantages for vulnerable migrants:
Legal Stay: Protects individuals from becoming unlawful while resolving their claims.
Flexible Employment: Allows visa holders to seek alternative temporary work without sponsor restrictions.
Family Support: Keeps families together while addressing the individual circumstances of the case.
Pathway to Justice: Provides a structured route to report sexual harassment, unpaid wages, or unfair dismissal without compromising visa status.
Access to Services: Many applicants may be eligible for Visa Assist, a support service that guides individuals through the claims process and provides access to counselling and legal support.
Government Support & Broader Impact
This pilot is part of the government's commitment to ensuring safe, fair workplaces and strengthening Australia's international relations through ethical labor practices. It supports workers involved in various sectors, including research activities under an Australian research project, or those contributing to skilled work regional development.
The visa also aligns with other protective mechanisms like the criminal justice visa and enforcement visa, ensuring migrants have lawful avenues to pursue justice. This initiative is vital in key metropolitan areas such as Melbourne and Brisbane, where diverse migrant communities are often at higher risk of exploitation.
Conclusion
The Subclass 408 Justice Visa Pilot Program is a pivotal step forward in protecting the rights of temporary residents and migrant workers in Australia. By offering a legal framework to address workplace injustices, the program strengthens both domestic labor standards and Australia’s reputation abroad.
For more information, eligibility checks, or to begin an application, visit the official Department of Home Affairs website or consult with Visa Assist for personalized support.
⚖ Migration Lawyer Ceren Guney
+61 448 412 210
📚 Registered Migration Agent Feriha Guney MARN 0960690
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Disclaimer:
This information is for general understanding only and does not constitute legal advice. For specific advice tailored to your situation, consult a registered migration agent or legal professional.
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