The Workplace Justice Visa: A Pathway Towards Fairness with Room for Improvement
The Australian Government introduced the Migration Amendment (Workplace Justice Visa) Regulations 2024 on 29 June 2024, with the new regulations taking effect on 1 July 2024. This amendment to the Migration Regulations 1994 aims to establish a new Workplace Justice Visa, which allows temporary migrants to remain in Australia for a period of time to participate in workplace justice activities. This visa is part of a broader strategy by the Australian Government to address migrant worker exploitation, a commitment made at the Jobs and Skills Summit in response to findings from the Migrant Workers’ Taskforce report, the Nixon Review, and the Migration Strategy. These reports highlighted the damaging impact of migrant worker exploitation, not only on the workers and their families but also on the broader labor market by potentially lowering wages and working conditions across the board.
We welcome the introduction of the Workplace Justice Visa as a significant step toward addressing the longstanding issue of worker exploitation in Australia. This initiative represents a meaningful effort to provide pathways to justice for those who have faced unfair treatment in the workplace, especially for undocumented workers who are among the most vulnerable. However, while the intention behind this visa is commendable, certain aspects of its implementation may limit its effectiveness and potentially exclude those who need it most.
The Genuine Temporary Entrant (GTE) Requirement: A Potential Challenge
One consideration with the Workplace Justice Visa is the requirement for applicants to meet the Genuine Temporary Entrant (GTE) criteria. This requirement asks applicants to demonstrate a genuine intention to stay in Australia temporarily, which is assessed based on various factors, including their circumstances, immigration history, and adherence to visa conditions.
For many undocumented workers, this requirement may pose a challenge. These individuals often remain in Australia out of necessity, whether due to fleeing difficult circumstances or economic hardship in their home countries. Requiring them to prove that their stay in Australia is only temporary, particularly when they are seeking justice and safety, may not fully account for their complex situations. This could make it more difficult for them to qualify for the visa and access the protections it offers.
The Impact of Excluding Unlawful Non-Citizens
Another aspect of the Workplace Justice Visa is the exclusion of individuals who have been unlawfully present in Australia for more than 28 days. This provision could disqualify many people who might otherwise benefit from the visa’s protections.
Undocumented workers, who are often among the most vulnerable to exploitation, may have overstayed their visas due to coercion or deception by employers. By excluding those whose visas expired more than 28 days ago, the Workplace Justice Visa could leave these individuals without a legal avenue to seek justice, potentially increasing their vulnerability to further exploitation.
While this policy aims to uphold visa integrity, it may also inadvertently prevent some of the most vulnerable workers from accessing the very protections the visa is designed to provide.
Striking a Balance for Greater Effectiveness
The current criteria for the Workplace Justice Visa are designed to address worker exploitation while maintaining the integrity of Australia’s immigration system. However, to ensure that the visa fulfills its purpose, it may be necessary to reconsider some of these requirements.
For example, reviewing the GTE requirement with a greater understanding of the complexities facing undocumented workers could make the visa more accessible to those in need. Additionally, reconsidering the exclusion of individuals unlawfully present for more than 28 days could ensure that the most vulnerable workers are not left without protection.
Overall, while the Workplace Justice Visa is a commendable initiative, refining its implementation could enhance its ability to promote fairness and justice in the workplace. By ensuring that the visa is accessible to all who need it, regardless of their past visa status or reasons for staying in Australia, the initiative can better achieve its goal of protecting vulnerable workers and addressing exploitation effectively.
