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ARTICLE · 19 AUGUST 2024

Forthcoming Law To Protect Workers From Exploitation And Create New Compliance Responsibilities For Employers

Update August 16, 2024: As previously reported, the Australian government started implementing the Workplace Justice (subclass 408 visa) pilot program on July 1, 2024.

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Update August 16, 2024:  As previously reported, the Australian government started implementing the Workplace Justice (subclass 408 visa) pilot program on July 1, 2024. The program allows temporary migrants who have faced workplace exploitation to remain in Australia for six to 12 months, with a possibility to extend for up to four years, to pursue workplace justice activities (such as criminal or civil proceedings where the individual was a victim of worker exploitation) at no cost. Applicants must present a certification issued by a government-authorized entity that may attest to a matter of workplace exploitation. The authorities define ‘matters of workplace exploitation' to include the following: underpayment or non-payment of wages or other workplace entitlements; unlawful, unpaid or underpaid training or trials; up-front payment or deposit for a job; misclassification of workers as independent contractors instead of employees; unlawful deductions from wages;

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