The recently implemented Workplace Justice Pilot offers essential assistance to victims of pay theft, harassment, and visa threats by allowing temporary migrants to remain in Australia for a maximum of 12 months in order to prosecute claims of workplace exploitation.



Under the new Workplace Justice Pilot program, which will run for two years, migrants will now be permitted to remain in Australia to prosecute accusations of workplace exploitation. With the help of this program, temporary immigrants who claim to have been exploited by their employers can stay in Australia for a maximum of 12 months as they pursue legal action.

As part of this trial program, the Temporary Activity visa (subclass 408) was established. Temporary migrants may remain in Australia for a maximum of 12 months if it is required to pursue their exploitation claim and serves the public interest, or for six months if their presence is helpful to their claim.

If the workers are already in Australia, they can also list their family members on their visa application. Applicants must have a temporary substantive visa with work privileges and no more than 28 days left on their visa in order to be eligible for the visa.

Additionally qualified are those who possessed a temporary substantive visa with employment rights that expired within 28 days of the application being submitted.

In addition to supplying certification of their alleged employment exploitation, applicants must justify their need to remain in Australia. Underpayment of salaries, coercion to work longer hours than permitted by the terms of the visa, employer threats of cancelling the visa, bullying, harassment, and pressure to turn in passports to employers are a few instances of workplace exploitation.

Candidates must meet certain health and character standards, and applications must be submitted from within Australia. The purpose of this new visa is to address the problem of temporary migrants being exploited at work.