Visa Guides

New Workplace Justice Temporary Activity Visa in Australia 2024

A new visa, the Temporary Activity visa, has been implemented by the Australian government for temporary migrants who submit allegations of labor exploitation. The Workplace Justice Pilot is a two-year initiative that is designed to assist temporary workers who believe that their employers have mistreated them.

To learn more about a new temporary activity visa, including eligibility conditions, a document checklist, and the application process, please refer to this blog article.

What is the New Temporary Activity Visa (Subclass 408)?

A 408 visa is a temporary visa that enables workers to extend their stay in Australia to submit a claim for worker exploitation. It is a component of the Australian Government’s Endorsed Events (Workplace Justice Pilot) initiative. This visa permits you to remain for a period of six to twelve months. Additionally, this visa allows you to include family members in your visa application if they reside in Australia.

How long can you stay on a 408 visa?

This is a temporary visa.

  • If your objective is to report workplace exploitation, you are permitted to remain for a maximum of six months.
    If it is in the public interest and you are required to report workplace exploitation claims, you may remain for a maximum of 12 months.
  • Always bear in mind that the duration of your visa stay commences on the day it is issued by the
  • The Department of Home Affairs is indicated on the grant letter.

Can you extend the 408 Workplace Justice Visa?

No, extending your visa will not permit you to remain in Australia for an extended period.

If your claim of workplace exploitation is not resolved by the expiration of your visa, you may be eligible to apply for a new visa.

You are prohibited from employing your current certification for workplace exploitation when applying for a new visa. You will be obligated to submit a new certification from a cooperating government authority or an approved third party.

Your current visa is set to expire, and if your claim of workplace exploitation is upheld, you will be required to apply for a new visa to remain in Australia.

Check Also: Simple Steps to Secure a Schengen Visa – Complete Guide

What are the fees for a new Temporary Activity Visa?

This visa does not require any application fees. Nevertheless, you may be required to pay supplementary fees for a police clearance certificate and health tests. Additionally, a temporary application fee must be paid by your family members after you have submitted your application.

What is the processing time for 408 visa applications?

The following factors can influence the processing time:

  • Your application’s comprehensiveness.
  • The intricacy of your circumstances.
  • The number of applications that the Department of Home Affairs receives.

Nevertheless, the visa processing time guide instrument may be employed to ascertain an appropriate time frame.

Eligibility requirements for applying for a new temporary activity visa

The following criteria must be satisfied to petition for the 408 visa subclass:

  • To petition for this visa, you and your family must be present in Australia.
  • You must possess a valid visa or have had one that has expired within the past 28 days to petition for a 408 visa.
  • The Department must receive workplace exploitation certification from an approved third party or collaborating government agency. This must illustrate your need or advantage to remain in Australia to pursue your claim of workplace exploitation.
  • A certified lawyer with a minimum of five years of experience practicing law for an accredited third party must recognize your certification to spend 12 months in Australia.
  • You must be capable of providing financial support for your family and yourself in Australia.
  • The Department of Immigration and Citizenship has established specific health and character requirements that must be met.
  • To qualify for this visa, you must possess sufficient health insurance to cover the duration of your trip. This insurance should provide coverage for your transportation expenses and other medically necessary procedures.
  • To return to your country of origin, you must be an authentic temporary entertainment.
  • If it is not in the best interest of a candidate under the age of eighteen, the Department may deny this visa.
  • If you are indebted to the Australian government, you have either settled the balance or have established a formal repayment plan.
  • Your immigration history will be examined by the Department of Home Affairs. You must not have previously been denied or canceled a visa. Otherwise, you may not be eligible for this visa.

Benefits of New Workplace Justice

  • Enhanced Workers’ Rights: Recent legislation or company policies have improved the rights of workers regarding wages, working conditions, or job security.
  • Employers or governments: may implement transitory benefits, including paid sick leave, hazard pay, or enhanced unemployment insurance, during economic crises, such as the COVID-19 pandemic.
  • Equity and Inclusion Initiatives: Programs that are designed to foster equity in the workplace, such as initiatives to eliminate wage gaps or diversity and inclusion programs.
  • Policy on Remote Work: Modifications to the benefits provided to employees who work remotely, including stipends for home office settings and flexible working hours.
  • Mental Health and Wellness Programs: Benefits that have been added or expanded to support the mental and physical health of employees.
  • Labor Rights Movements: New labor rights movements that advocate for improved treatment of workers, potentially resulting in new legislation or union agreements.

How Do I Apply for a Temporary Activity Visa (Workplace Justice Pilot)?

To apply for a Temporary Activity Visa (Subclass 408) in Australia, follow these straightforward steps.

  • Step 1: Factors to evaluate before applying.
  • Step 2: Gather your documentation.
  • Step 3: Apply for a visa.
  • Step 4: After Submitting Your Application.
  • Step 5: Await the visa results.

How Do I Apply for a Temporary Activity Visa (Workplace Justice Pilot)? How Do I Apply for a Temporary Activity Visa (Workplace Justice Pilot)?

Let’s go over these processes in depth for a better understanding.

Step 1: Things to Consider Before Applying.

Notify a recognized third party or a participating government agency of your workplace exploitation before applying for this visa. They will assist in the resolution of your claim and its verification. However, it is crucial to seek the services of a professional if you need it:

  • A migration facilitator who is registered.
  • A legal professional.
  • An exempt individual.

Step 2: Gather your documents.

Accumulate and arrange all the essential documentation required to apply for a 408 visa in Australia. The following is the mandatory document inventory for a temporary activity visa.

  • Certification for your workplace exploitation claim.
  • Identity documents, including your current passport or national identification certificate.
  • Police clearance certificate.
  • For applicants under the age of 18, copies of their birth certificates are required.
  • Financial documents, such as a work letter or contract, that serve as evidence of your current or forthcoming employment.
  • Ensure that all of these documents are translated into English.

Step 3: Apply for the visa.

To submit an online application, adhere to the instructions provided.

  • Establish an online account on the ImmiAccount website.
  • Access the application form by downloading it.
  • Carefully complete the application form.
  • Enclosed is the necessary documentation.
  • Complete the form and pay the application fee.
  • Recall the transaction reference number (TRN).
  • Guarantee that the information you provide is both precise and comprehensive. Your visa will be canceled or rejected if you submit inaccurate or fraudulent information.

Step 4: What to Do After Submitting Application

Monitor the status of your visa application regularly following its submission. Please notify the Department immediately if your address, email, phone number, or any other information changes.

Step 5: Wait for the visa results.

Wait for the visa decision after applying. In addition to visa conditions, the Department of Home Affairs will furnish you with your visa grant number, visa issuance, and expiration dates. If your application is rejected, the department will explain the decision and indicate whether you have the right to appeal.

Conclusion

Lastly, the Australian Government’s new Temporary Activity Visa (subclass 408) is a significant advancement in the effort to support temporary migrants who are at risk of worker exploitation. This visa provides affected laborers with a critical opportunity to extend their stay and pursue justice.

What is the new workplace legislation in Australia?

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 received Royal Assent on 6 December 2022, with changes taking effect at different times up to 6 December 2023. These changes include: pay secrecy, job ads and flexible work. gender equality measures and small claims process.

What is Australia’s workplace law?

The Fair Work Act 2009 is the primary federal legislation governing employment in Australia, and it applies to all employers and employees across the country. This Act sets out the minimum terms and conditions of employment, such as wages, leave entitlements, hours of work, termination of employment, and more.

What are 2 rights the employee has in the Australian workplace?

Your basic rights include the right to be shown how to work safely. the right to appropriate safety equipment. The right to voice concerns about work conditions is also a fundamental right.

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