The Australian Government introduced the Migration Amendment (Workplace Justice Visa) Regulations 2024 on 29 June 2024. Coming into force on 1 July 2024, this is an amendment of the Migration Regulations 1994 to implement a new workplace justice visa.
Purpose and Objectives of the Workplace Justice Visa
The Workplace Justice Visa will enable temporary migrants to remain in Australia for a period of time and undertake a workplace justice activity. This visa is part of a range of measures by the Australian Government to address migrant worker exploitation. These measures follow a commitment that was made at the Jobs and Skills Summit in response to findings by the Migrant Workers' Taskforce report, the Nixon Review, and the Migration Strategy, about the corrosive impact of migrant worker exploitation, and recognising the harm that exploitation causes to the migrant worker and their family. The commitment was also made in recognition of the potential long-term consequences if migrant worker exploitation is left unaddressed. Migrant worker exploitation has the potential to put downward pressure on wages and conditions for all workers overall, which would create 'an un-level playing field for those businesses who do the right thing'.
Implementation and Operation of the Workplace Justice Visa
The Workplace Justice Visa has been designed to complement existing avenues that allow non-citizen workers to report exploitation and seek workplace justice. It operates as a new clause in the subclass 408 (Temporary Activity) visa, with the visa introduced by the Migration (Class of Persons for Nil VAC—Workplace Justice Visa) Instrument (LIN 24/056) 2024, which establishes no visa application charge for eligible applicants. Under the policy, a Workplace Justice Visa holder will be granted between 6 to 12 months to remain in Australia. this time period is extendable for up to 4 years. This visa, along with other reforms to the current system, are being introduced with the overarching objective of addressing migration-related barriers that deter temporary migrant workers from reporting instances of exploitation out of fear that their visa status would be compromised. The Workplace Justice Visa is only available to temporary migrants in Australia who have certification relating to their workplace exploitation matter from a participating government entity or accredited non-government party. With this visa, visa holders can work to support themselves whilst pursuing workplace justice. Members of the visa holder's family unit who are in Australia can also apply for this visa. The aim of this visa is to relieve temporary migrant workers of the stress that reporting exploitation may affect their visa status. The hope for this visa is that it will make the process of initiating claims to remedy breaches of workplace laws easier, and temporary migrant workers can assist in investigations of employer breaches. With increasing reporting, compliance targeting would also be benefitted, and enforcement officials will improve in their identification of dishonest and non-compliant employers, leading to more favourable conditions and outcomes for all workers.
Limitations and Criticisms of the Workplace Justice Visa
We still note, however, that the Workplace Justice Visa is not a permanent visa and does not provide underlying justice to those wronged and victimized by modern slavery and human trafficking in Australia. While it offers temporary relief, it falls short in addressing the long-term needs and rights of these individuals who have endured such grave injustices. There remains a pressing need for comprehensive measures that ensure sustained support, protection, and pathways to permanent residency for survivors, acknowledging their rights and dignity.
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