Stay Safe, Work Safe! How to Protect Yourself Against Employer Exploitation in Australia.

Zhanna Heenan

Visa News

In the dynamic world of Australian immigration, staying updated with the latest protections for visa holders is crucial. We are here to break down the newly introduced Strengthening Reporting Protections Pilot and Workplace Justice Visa Pilot—vital updates from the Australian Government designed to safeguard the rights of eligible visa holders against workplace exploitation.

 The Pause on Assurance Protocol

First things first, the Assurance Protocol arrangement has been temporarily paused while the new pilot programs are in place. For those unfamiliar, the Assurance Protocol is a key safety net for visa holders who might find themselves in compromising work situations, shielding them from visa cancellation under specific circumstances.

 What Exactly Are These New Pilots?

The Strengthening Reporting Protections Pilot aims to ensure that visa holders can report workplace issues without fear of repercussions on their visa status. Similarly, the Workplace Justice Visa Pilot allows visa holders a short extension on their stay to resolve their workplace exploitation claims. Both initiatives underscore a commitment to fair treatment in the workplace, providing a platform for issues to be addressed without the added stress of visa cancellation looming overhead.

 Who Can Benefit?

These pilots cover those on temporary visas including:

Student visas (subclass 500)

Working Holiday Maker visas (subclass 417)

Temporary Skill Shortage (TSS) visas (subclass 482)

And several other visa categories that permit work. It is about inclusivity and protection for all!

 How Does the Assurance Protocol Work?

For those already under the Assurance Protocol, here is a quick recap: if you face workplace exploitation and have reported it, as long as you are cooperating with investigations and there are no other reasons to cancel your visa (like national security or fraud), your visa will not be cancelled.

 Signs to Watch For:

Exploitation can be tricky to spot. Here is a comprehensive list of red flags:

– Threats to cancel your visa

– Wage underpayments

– Unfair deductions, deposits, or ‘cash-back’ schemes

– Not receiving workplace entitlements, such as paid leave or superannuation

– Having your passport taken and held by someone else

– Being pressured or made to work beyond the restrictions of your visa

– Being pressured to pay an upfront payment or ‘deposit’ for a job

– Employers avoiding paying tax by making cash payments of wages to you

– Unpaid training

– Misclassification as an independent contractor instead of an employee

– Unfair deductions from wages for accommodation, training, food, or transport

Recognising these signs early can be the key to safeguarding your rights and your future in Australia.

 How Can We Help?

At Heenan & Browne Visa and Migration Services, we understand the complexities of navigating Australian workplace laws as a visa holder. If you are feeling overwhelmed or suspect that your workplace rights are being compromised, we are here to assist. Our team of experienced migration agents can offer you the guidance needed to ensure your situation is handled with the utmost care and professionalism.

Do not wait for small issues to become big problems! Reach out to us at Heenan & Browne Visa and Migration Services if you are facing challenges with your employer that could impact your visa status. Our expert migration agents in Canberra, Sydney, Melbourne, Brisbane and Cairns are adept at navigating these waters and can help secure your rights while ensuring compliance with your visa conditions.

For more information about your rights and the new pilot programs, please visit the Department of Home Affairs website, Fair Work Ombudsman website or contact us directly. Remember, your rights matter—let us ensure they are fully protected.

Heenan & Browne Visa and Migration Services is committed to changing lives by providing careful, expert advice on migration law and visa issues. Book an appointment today to ensure your rights as a visa holder are respected and upheld.

    Share

LET’S TALK

Book a consultation

Book now
This site is registered on wpml.org as a development site.