As they pursue labor disputes, foreign workers in Australia are permitted to remain for a period of six months under the new “workplace justice visa”. The objectives of these visa amendments are to safeguard workers’ rights, improve labor law enforcement, and reduce migrant exploitation.

Australian companies have long been plagued by the exploitation of migrant workers, with many employees too afraid to report employer misbehavior for fear of implications on their immigration status. New government attempts, however, with creative visa reforms and a two-year trial program aim to change this.

While they pursue a labor claim, foreign workers can remain and work in Australia for a period of six months using the new short-term “workplace justice visa”. New visa safeguards will also be available for immigrants who want to sue their employers but might not be able to do so because of violations of their visa conditions.

Surveys show that 75% of foreign workers receive less than the casual minimum wage, and that 90% of these workers fail to disclose these violations, making it difficult to identify cases of migrant exploitation. For fear of losing their visas, many people are afraid to speak up.

A temporary “workplace justice visa” is being introduced as part of a new pilot program, which permits migrants to remain in Australia to pursue labor claims related to underpayment, workplace injuries, sexual harassment, or discrimination. Visa holders are able to work while their claims are being processed, and there is no application fee.

In order to receive official certification, migrants must provide proof of workplace mistreatment and a pledge to pursue justice. In addition to the government, reliable outside organizations like trade associations, community-based legal services, or university legal services may also be able to offer this accreditation. With this strategy, immigrants may apply with confidence knowing they qualify for the visa.

It is also forbidden for the Department of Home Affairs to revoke the visas of immigrants who have violated labor laws, as long as those individuals have labor claim certification. This includes foreign students who might have put in more overtime in order to supplement their illegally low pay.

The pilot initiative gives workers agency and choice in claiming their labor rights by enabling them to become certified by reliable third parties. This initiative, which is unprecedented worldwide, establishes a new benchmark for protecting the legal rights of migrant workers and making companies responsible for labor exploitation.

The pilot initiative is expected to inspire exploited workers to come forward and broaden labor law enforcement beyond the Fair Work Ombudsman to include union and community lawyers by encouraging migrants to join unions and providing unions with additional tools to organize and represent them.