Workplace Justice (Subclass 408) Visa Application
To address workplace exploitation of temporary visa holders in Australia, the Australian Government introduced the Workplace Justice Visa.
This visa provides a lawful pathway to remain in Australia while pursuing action against workplace exploitation.
The Workplace Justice Visa operates under the Temporary Work (Subclass 408) – Australian Government Endorsed Events (Workplace Justice Pilot) Stream.
The Workplace Justice Visa
The Workplace Justice Visa allows eligible applicants to:
- Remain lawfully in Australia while pursuing a workplace exploitation claim
- Work unrestricted hours in any occupation and with any employer (including self-employment)
- Change employers freely without visa risk
- Include eligible family members in the visa application
This visa is designed to ensure that visa holders can seek justice without fear of visa cancellation or employer retaliation.
What Qualifies as Workplace Exploitation?
Workplace exploitation may include, but is not limited to:
- Underpayment or non-payment of wages or superannuation
- Threats by an employer to cancel or report your visa
- Demands for upfront payments or deposits for work
- Unpaid or underpaid training, trials, or internships
- Incorrect classification as an independent contractor
- Pressure to work beyond visa-permitted hours
- Breaches of workplace health and safety laws
- Bullying, harassment, or sexual harassment
- Coercion, misrepresentation, or undue influence
- Discrimination or unfair dismissal
Each claim must be supported by evidence and certification.
Certification of Workplace Exploitation Claims
To apply for the Workplace Justice Visa, you must obtain certification confirming that:
- You have experienced workplace exploitation, and
- It is necessary for you to remain in Australia to pursue your claim
Who Can Issue a Workplace Exploitation Certificate?
Only a participating government agency or accredited third party can issue the required certification.
The official list of approved certifying bodies is published by the Department of Home Affairs under a legislative instrument.
Eligible Visa Holders
Temporary visa holders who may be eligible include:
- Student Visa (Subclass 500)
- Working Holiday Visa (Subclass 417)
- Work and Holiday Visa (Subclass 462)
- Temporary Work (Skilled) Visa (Subclass 457)
- Temporary Skill Shortage Visa (Subclass 482)
- Temporary Work (International Relations) Visa (Subclass 403)
Other temporary visa holders may also qualify depending on circumstances.
Requirements for the Workplace Justice Visa
To be eligible, applicants must:
- Be physically in Australia when applying
- Hold a substantive visa (not a bridging visa) that:
- Has 28 days or less remaining, or
- Expired within the last 28 days
- Obtain a workplace exploitation certificate from an accredited body
- Demonstrate genuine intent to pursue workplace justice
- Meet standard visa requirements, including:
- Health
- Character
- Health insurance
- Genuine Temporary Entrant criteria
How RR Patel Overseas And Education Private Limited Can Assist
If you are experiencing workplace exploitation, submitting a correct and well-prepared application is critical.
We assist by:
- Assessing eligibility for the Workplace Justice Visa (Subclass 408)
- Advising on evidence and documentation requirements
- Assisting with certification from approved third parties
- Preparing and lodging your visa application accurately
- Protecting your immigration status and work rights throughout the process
Need Help Applying for the Workplace Justice Visa?
If you have experienced workplace exploitation and need to remain in Australia to seek justice, early action is essential.
Contact RR Patel Overseas And Education Private Limited today for professional guidance and support with your Workplace Justice (Subclass 408) Visa application.
Your rights matter — and so does your visa status.
