To be eligible for a Workplace Justice visa you must:

• Be in Australia either:
  • On a temporary visa with work rights (other than a Bridging visa, Criminal Justice visa or Enforcement visa) that expires in 28 days or less OR
  • Have held a temporary visa with work rights (other than a Bridging visa, Criminal Justice visa or Enforcement visa) that expired no more than 28 days ago.
• Have your workplace exploitation matter certified by an accredited certifying organisation (see list below).
• Have health insurance and sufficient funds to cover your stay in Australia.
• Intend to stay in Australia for a temporary period.
• Meet certain health and character criteria.

Case Study – Eligible for a Workplace Justice visa 

Cindy arrived in Australia on a Temporary Skill Shortage visa (subclass 482). During her employment, her boss transferred the correct wage to her bank account each fortnight, but then each Monday, he walked her to an ATM and insisted that she gives him $150 in cash. She tried to protest but he said that if she told anyone he would have her deported. He would also make unwanted comments about how she looked.

She stayed with her employer for years thinking they would eventually sponsor her for permanent residency. Unfortunately, 10 days before her visa expired, she was told they would not sponsor her, and she had to leave Australia.

Cindy may be eligible for a Workplace Justice visa to bring a claim against her employer as she holds a temporary visa with work rights that is not a Bridging visa, Criminal Justice visa or Enforcement visa.