Am I Being Exploited at Work? – Workplace Justice (subclass 408) Visa
A Workplace Justice (subclass 408) visa allows you to take legal action against an Australian employer who has exploited you. However, if you are not aware of your rights then you may not even know that you are being taken advantage of. Unlawful workplace practices can take many different forms, and it is important to be aware of when they occur. The Commonwealth Government has grown increasingly concerned with the issue and the Workplace Justice visa (SC 408) is the first step towards addressing migrant worker exploitation.
What are the types of workplace exploitation?
Most forms of workplace exploitation are encapsulated under section 6 of LIN 24/055. These include common and less prominent forms of mistreatment and exploitation such as:
bullying,
sexual harassment,
discrimination,
coercion,
unlawful wage deductions,
misclassification of workers; and
failing to comply with health and safety requirements.
The 2017 National Temporary Migrant Work Survey found that 30% of migrant workers were paid half the minimum wage and that 15% of fruit and vegetable pickers and farmers earned less than $5 per hour.
Approximately three quarters of survey participants knew that they were earning below the minimum wage but believed that underpayment was normal for temporary visa holders. 86% of participants earning less than $15 per hour believed that the majority of temporary visa holders were also earning less than the minimum wage.
Additionally, some participants reported having their passports confiscated by their employer, having to pay a deposit to get a job, and having to give part of their wages back to their employer. Employers design deposit payments to compel migrant workers to stay in their jobs as a condition of receiving their deposit back. Although wage theft is the dominant form of workplace exploitation in Australia, the new Workplace Justice visa also targets these more uncommon practices.
What are the consequences of workplace exploitation?
There are obvious downsides for migrant workers themselves. However, Australian residents and businesses are also indirectly impacted by wage theft. Wage theft drives down the wages of Australian workers in impacted industries and allows non-compliant employers to gain an unfair advantage over lawful competitors. As such, the exploitation of migrant workers should be of concern to everyone.
What can I do about it?
If you think that your employer has acted unlawfully, you can take legal action against them without fearing a visa cancellation or becoming unlawful when your visa expires. If you receive a certification of your claim from an approved organisation, your visa cannot be cancelled for a breach of work-related conditions such as 8104 and you can apply for a Workplace Justice visa. This visa lasts for 4 years, with the Department granting one visa for a period of 6 or 12 months, and you can renew the visa within 28 days of expiry until your matter has ended.
How Can Agape Henry Crux Help
If you are experiencing what was mentioned above, it is important to remember that safety comes first. At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and team of immigration lawyers and migration agents specialise in handling highly complex matters. You can book a consultation with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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