Australia has recently introduced some important visa reforms, aimed at protecting migrant workers from being unfairly treated while also keeping their immigration status safe and sound. These include the new Workplace Justice visa, plus enhanced measures to prevent visa cancellations.
We explain how these changes are designed to make a real difference in the lives of migrant workers.
Background
The need for reform in migrant worker protections in Australia is highlighted by the Migrant Justice Institute’s findings. Their research reveals that three-quarters of surveyed migrant workers are paid below the minimum casual wage. Additionally, 90% of these underpaid workers do not report their employers, primarily due to concerns about risking their visa status and future opportunities in Australia.
As the expiration of their visas approaches, many migrant workers find themselves unable to address issues of unpaid wages or exploitation. As a result, they often leave Australia without resolving these issues, perpetuating a cycle of unreported and unchecked exploitative practices. These new visa protections aim to change that dynamic.
Read more: Addressing Wage Theft: New Protections for Migrant Workers in Australia from 1 July
What is the Workplace Justice visa?
The Workplace Justice Visa is a world-first initiative that allows migrant workers to remain in Australia temporarily to address labour disputes without fear of losing their visa status. This visa is specifically designed for those who have faced unfair treatment, such as underpayment or unsafe working conditions.
To apply for this visa, migrants must obtain certification from a government agency or an accredited third party. This certification confirms that the applicant has experienced exploitation and needs to stay in Australia to address the issue effectively. The visa is issued at no cost and grants full work rights, enabling migrants to earn a living while seeking justice.
Applicants should be on a substantive temporary visa with work rights, nearing expiration (no more than 28 days left).
For more details, you can visit the Department of Home Affairs website.
New protections against visa cancellation
Along with the rollout of the Workplace Justice Visa, Australia has also put in place new measures to prevent the cancellation of visas for migrant workers who find themselves in violation of certain visa conditions due to being exploited.
If a worker exceeds allowed work hours or violates other employment-related conditions due to exploitation, the Department of Home Affairs will not cancel their visa, provided they obtain certification linking the breach to exploitation and showing their commitment to resolving the issue.
Furthermore, if workers violate non-employment-related visa conditions, the Department must consider any reported exploitation before deciding on visa cancellation. This allows workers to report abuse without fear of losing their visa.
Who will benefit from these reforms?
These protections will benefit migrants on a range of temporary visas. For example, as outlined by the Migrant Justice Institute:
-
An exploited international student who has worked more than 48 hours a fortnight in breach of their visa (often to make ends meet on unlawfully low wages) could bring a claim against their employer and recover the wages they are owed, with certainty that their visa would not be cancelled based on the number of hours they worked.
-
A sponsored worker who was injured at work but too afraid to take action could access a short-term visa to pursue workers’ compensation before returning home.
-
An exploited backpacker who is about to leave Australia but doesn’t want to report sexual harassment during their fruit-picking job could access a short-term visa to stay for 6 months to hold their employer to account before returning home.
These reforms represent a significant step forward in protecting the rights and dignity of migrant workers in Australia, ensuring they can address exploitation effectively without fear of compromising their visa status.
