The Workplace Justice Visa allows eligible temporary visa holders who have experienced workplace exploitation to remain in Australia for 6 to 12 months to pursue legal action.
Download your WJV brochure in multiple languages.
Get immigration law advice
Contact a community legal centre that specialises in immigration law, a union, or a private migration agent or lawyer.
Get your matter certified
If you may be eligible, contact an accredited organisation to certify your workplace exploitation matter.
Apply with a migration agent
Once certified, contact a migration agent or lawyer to assist with your application, or apply through ImmiAccount.
If you are in Western Australia, the Multicultural Workers Collective is here to help.
Other accredited certifying organisations
Australian Rail, Tram and Bus Industry Union
Australian Workers' Union
Electrical Trades Union of Australia National Council
Human Rights Law Centre
Migrant Workers Centre
Redfern Legal Centre
SA Unions
Shop, Distributive and Allied Employees' Association (SDA)
The Association of Professional Engineers, Scientists and Managers
Transport Workers' Union of Australia (TWU)
Unions NSW
Unions Tasmania
UnionsACT
United Workers Union (UWU)
WestJustice
The Workplace Justice Visa is available to eligible temporary migrant workers who have experienced workplace exploitation and whose visa is due to expire within 28 days, or has expired within the previous 28 days.
Before issuing a certification, UnionsWA must be satisfied, based on the available evidence, that the person has experienced a workplace exploitation matter as defined under Regulation 2.43B of the Migration Regulations 1994.
We are also required to consider whether the worker has adequate resources and support available while they pursue their workplace matter, including their ability to financially support themselves during this period.
If you would like to proceed with a certification assessment, we can arrange an appointment either in person at our office or online. Appointments generally take up to one hour.
To assist with the assessment, it would be helpful if the following information could be provided beforehand.
- Full name
- Date of birth
- Current address
- Passport number
- Client identification number (if applicable)
- Current visa type
- Visa expiry date
- Employer's business name
- ABN (if known)
- Workplace address
- Contact person (if known)
- Employment period
- Industry
- Type of workplace exploitation experienced
The strongest forms of evidence include:
- Payslips showing underpayment or breaches of award rates
- Copies of any Fair Work, court or tribunal applications and proceedings
- A Statutory Declaration outlining instances of underpayment, bullying, harassment, discrimination, unsafe work practices or other workplace exploitation
A Statutory Declaration can be particularly useful where documentary evidence is limited, such as when payslips were not provided or incidents were not formally documented.
The Australian Government has introduced new protections for temporary visa holders who have experienced workplace exploitation. These protections help you report exploitation safely.
You may be eligible if you
Eligible temporary visas with work rights
Talk to your colleagues
Ask your colleagues whether they are also being exploited by your employer.
Keep records
Use a notebook to track hours worked, shift times, breaks, pay received and any unfair treatment.
Cooperate with investigators
If Fair Work Ombudsman or union staff visit your workplace, cooperate. You can ask to meet outside your workplace if needed.
Prepare to report
Gather your employer's ABN, employment dates, pay slips, contract and any relevant messages or emails.
We offer free, confidential, multilingual support about migration related workers' rights.
Book a free legal session →