You may not be eligible for a Workplace Justice visa if you have had a visa refused or cancelled.

You will not be eligible for a Workplace Justice visa if you have not held a temporary visa with work rights for more than 28 days and currently hold a Bridging visa, Criminal Justice visa, Enforcement visa or are unlawful.

Case Study – Not Eligible for a Workplace Justice visa

Chris arrived in Australia on a Student visa (subclass 500). He applied for many jobs, but no one wanted to hire someone on a Student visa due to the 48-hour fortnight work restriction.

Eventually he found a job at a local cafe that did not seem to mind that he was on a Student visa. They offered him $8 an hour, which he accepted because he was struggling to find a job. He started having to work additional shifts due to the low pay to make ends meet. This put him in breach of his Student visa working hours restrictions.

When his Student visa expired, he was granted a Bridging visa. After more than two months on his Bridging visa, he heard about the Workplace Justice visa and wanted to apply for it to bring a claim against his employer.

Unfortunately, Chris is unable to apply for a Workplace Justice visa because his temporary visa with work rights expired more than 28 days ago.