If you have been subjected to workplace exploitation in Australia, you have options. In 2026, the Workplace Justice Visa (WJV) remains a critical tool for migrant workers, allowing you to remain in the country temporarily while you pursue legal remedies against exploitative employers.

If you are currently on a temporary visa (or recently held one) and are facing underpayment, coercion, or abuse, here is what you need to know about this protection.

What is the Workplace Justice Visa?

The Workplace Justice Visa is a temporary activity visa (Subclass 408 stream) designed specifically to provide a safety net for migrant workers who need to stay in Australia to resolve a “workplace exploitation matter.” It effectively decouples your right to remain in Australia from your employer, giving you the time and stability to seek justice.

Key features of the WJV include:

• Work Rights: You are legally allowed to work while holding this visa.
• Family Inclusion: You can include eligible family members in your application.
• No Application Charge: There is a nil Visa Application Charge (VAC) for this visa.
• Duration: It is typically granted for 6 to 12 months, which is intended to cover the period required to pursue your legal claim.

Are You Eligible?

To qualify for the Workplace Justice Visa, you must meet several specific criteria:

1. Visa Status: You must currently hold a temporary visa with work rights (excluding Bridging, Criminal Justice, or Enforcement visas) that is expiring in 28 days or less, OR you must have held such a visa that expired no more than 28 days ago.
2. Certification: This is the most important step. You must obtain official certification of your workplace exploitation matter from an accredited body.
3. Genuine Intention: You must demonstrate that you intend to stay in Australia temporarily for the purpose of resolving your claim.
4. Health and Character: You must continue to meet standard Australian health and character requirements.

What Constitutes “Workplace Exploitation”?

The visa covers a broad range of unfair treatment, including:

• Wage Theft: Not being paid properly, including for trial shifts, training, or mandatory superannuation.
• Coercion: Being threatened with visa cancellation by your employer if you complain about your conditions.
• Contract Misrepresentation: Being treated as an independent contractor (ABN) when you are actually an employee (TFN) to avoid paying entitlements.
• Harassment: Bullying, sexual harassment, or discrimination based on your identity or nationality.
• Unsafe Conditions: Being forced to work in environments that do not meet Australian safety standards.

How to Get Your Claim Certified

You cannot apply for the WJV without certification from an accredited third party. These organizations review your claim to ensure it is genuine. Participating entities include:

• The Fair Work Ombudsman (FWO): The primary government body for workplace rights.
• Accredited Unions: Such as the Australian Workers’ Union (AWU) or the Australian Rail, Tram and Bus Industry Union (ARTBIU).

Pro-Tip: If you are in Victoria, the Migrant Workers Centre is a key resource that provides employment law assistance and may be able to assist with the certification process.

Essential Steps If You Are Being Exploited

1. Gather Evidence: Start a “paper trail” immediately. Keep copies of your employment contract, payslips, bank statements, messages/emails with your employer, and a log of the hours you actually worked.
2. Contact an Accredited Body: Reach out to the Fair Work Ombudsman or an accredited union to discuss your situation. They will guide you on how to have your matter certified.
3. Don’t Delay: Because the visa has strict “28-day” expiry windows, you must act quickly once you realize your current visa is ending or your exploitation is untenable.
4. Seek Wrap-Around Support: Pursuing a legal claim is stressful. Organizations that certify your visa often have links to community legal centers that can provide mental health and legal support during this process.

Disclaimer: This guide is for informational purposes and does not constitute legal advice. Visa laws are complex and subject to change. If you are experiencing workplace exploitation, contact the Fair Work Ombudsman or an accredited legal service immediately.