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

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

Your rights can't be taken away by employment contracts or agreements.

Your employer also can't cancel your visa, even if you've breached your visa conditions. Only the Department of Home Affairs can grant, refuse or cancel 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.

Please note: 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.

Read 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.

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

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

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

Workplace exploitation certificate

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

We’ll assess your situation and if we identify potential non-compliance with the Fair Work Act 2009 (Cth), a fair work instrument, or a safety net contractual entitlement, a Fair Work Inspector may provide you with a certificate that states that:

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

Important information about our role

The certificate of workplace exploitation isn’t a recommendation from us for the Department of Home Affairs to approve a visa protection pilot for you. Only the Department of Home Affairs can grant, refuse or cancel visas.

We don’t investigate every request for assistance we receive. Read 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 are an independent statutory agency and Australia’s impartial workplace regulator. We monitor, investigate and enforce compliance with Australia’s workplace laws. If you need further assistance to resolve your workplace exploitation issue, you should consider discussing your issue with an accredited third party.

Read more about who can certify matters of workplace exploitation.

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

If you’ve experienced workplace exploitation and need our help, visit Contact us.

Tools and resources

Related information