Breaking the Silence of Exploited Migrant Workers
Recent surveys conducted by the Migrant Justice Institute indicate that approximately three-quarters of migrant workers earn below the minimum wage, with a quarter of them earning significantly less. Alarmingly, ninety percent of these underpaid migrants endure these conditions in silence.
In response to growing concerns about the workplace exploitation faced by migrant workers, the Australian government has introduced the Workplace Justice Visa. This visa allows migrant workers to remain in Australia for up to twelve months to pursue legal action against their employers.
Introduction of the Workplace Justice Visa
The Minister of Immigration, Citizenship and Multicultural Affairs, Andrew Giles, has spearheaded these changes to ensure that all workers in Australia are protected by workplace laws, regardless of their immigration status. Previously, visa protections, the Fair Work Ombudsman (FWO), assurance protocols, and migration laws failed to adequately protect migrants. This was largely due to:
The FWO’s limited capacity to pursue claims.
The FWO’s lack of standing on Workplace Health and Safety or Sexual Harassment matters.
Migrants’ reluctance to approach the FWO.
Employers leveraging the threat of visa revocation to exploit migrant workers.
Application Requirements for the Workplace Justice Visa
The Workplace Justice Visa, under subclass 408, requires applicants to meet stringent criteria to ensure the genuineness of applications. Applicants must demonstrate a ‘non-trivial’ claim by either:
Obtaining certification from a federal or state government regulator that it is investigating the alleged violation.
Attaining certification from an accredited employment lawyer.
Applications generally need to show gross underpayment over an extended period to substantiate a claim. This measure ensures that migrants are not undertaking exploitative employment opportunities merely to extend their stay in Australia.
Visa Issuance and Benefits
Once a claim is submitted, the Department of Home Affairs will exercise its discretion to issue the visa for up to one year, depending on the strength of the evidence and the progress of the claim. Claims can be reapplied for, and the visa provides applicants with full working rights.
If an applicant requires additional time to pursue their claim, they are entitled to apply for an extended stay under a short-term visa. The visa is also backed by the Protection Against Cancellation of Visa guarantee, which encourages victims of exploitation or abuse to come forward without fear of losing their visa status.
This initiative marks a significant step towards ensuring justice and fair treatment for all workers in Australia, regardless of their immigration status.
For any clarification or legal support, please contact TooRoo Migration Lawyers today to speak to one our expert immigration lawyers.
