Visa protections – pilot programs

Find out about the Australian Government’s new Workplace Justice Visa Pilot and Strengthening Reporting Protections Pilot, which strengthen protections for eligible visa holders experiencing workplace exploitation.

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Visa holders and migrant workers in Australia

Australian workplace laws generally apply equally to all workers employed in Australia. Visa holders and migrant workers have the same workplace entitlements and protections as all other employees in Australia, regardless of their migration status. Your rights can't be taken away by employment contract or agreement.

We make sure the rights of visa holders are protected and enforced fairly under Australian workplace laws.

Visa protections

You can’t get into trouble or have your visa cancelled for contacting us. Your employer can't cancel your visa, even if you've breached your visa conditions.

The Department of Home Affairs is responsible for granting, refusing or cancelling visas.

Visa protection pilots

The Australian Government has introduced the Strengthening Reporting Protections Pilot and Workplace Justice Visa Pilot to strengthen protections for eligible visa holders experiencing workplace exploitation.

Both pilots are being administered by the Department of Home Affairs.

The Assurance Protocol arrangement between the Fair Work Ombudsman and the Department of Home Affairs has been paused for the duration of these pilots.

Under the Strengthening Reporting Protections Pilot, Home Affairs won’t cancel a person’s visa, even if they’ve breached a work-related visa condition, provided certain eligibility criteria and conditions are met. This includes that the person is pursuing a workplace exploitation matter.

Find out more on the Department of Home Affairs website at Strengthening Reporting Protections Pilot.

The Workplace Justice Visa Pilot enables a visa holder to extend their stay for a short period to pursue their workplace exploitation claims, provided they meet the eligibility criteria.

Find out more on the Department of Home Affairs website at Workplace Justice Visa Pilot.

Both pilots require a visa holder to be provided with certification from a government agency or accredited third party regarding their workplace exploitation matter.

Our role

We're participating in both pilot programs as a certifying government agency.

If you’ve experienced workplace exploitation, you can contact us for help.

Workplace exploitation certificate

When you’ve approached us for help with your workplace exploitation issue, we’ll assess your situation. A Fair Work Inspector may provide you with a certificate if they identify potential non-compliance with:

  • the Fair Work Act
  • a fair work instrument, or
  • a safety net contractual entitlement.

The certificate will state that:

  • you've approached us for help with your workplace exploitation issue
  • we're investigating your matter.

The workplace exploitation certificate isn't a recommendation that the Department of Home Affairs should:

  • grant you a visa, or
  • provide you with protection from cancellation under the pilots.

Only the Department of Home Affairs can grant, refuse or cancel visas.

Important information

We don’t investigate every request for help we receive. Find out more in our Compliance and Enforcement Policy. Where we don’t start an investigation or inquiry, we can’t provide you with a certificate.

We’re an independent statutory agency and Australia’s impartial workplace regulator. We monitor, investigate and enforce compliance with Australia’s workplace laws. We’ll seek evidence from parties and other sources and will make decisions based on the available evidence.

If you believe that you need extra help to resolve your workplace exploitation issue, you should consider whether an accredited third party might be able to better help you.

Read more about who can certify matters of workplace exploitation.

Accessing the visa protection pilots

If you decide to apply to the Department of Home Affairs for one of the two pilots, visit the Department of Home Affairs website at Strengthening Reporting Protections Pilot and Workplace Justice Visa Pilot. They have more information about eligibility and how to apply.

Contact us for help

If you need our help, you can:

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