22/07/2026
The Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Bill 2026 was passed on 29 June 2026, to attempt to ease the pressure on the FWC flowing from an increase in claims, and to expediate resolution for both employers and employees.
The bill was introduced following the number of applications to the Fair Work Commission (FWC) increasing significantly over the last couple of years, resulting in a growing and unsustainable workload for the FWC. This increase has largely been fostered by employee use of AI, resulting in an increase of 57% in the number of general protections claims (on the 3-year average) in the first quarter of 2025/26.
The changes commenced on 7 July 2026 and include:
- removing the requirement that a hearing be held to determine whether an applicant in a general protections matter has been dismissed before a conference can be held;
- giving the FWC more discretion to determine matters, including some unfair dismissal matters, ‘on the papers’, without a formal hearing or conference; and
- giving the FWC additional powers to dismiss vexatious and frivolous applications, including making orders that prevent vexatious litigants from making further applications without permission.
These changes follow a broader range of procedural changes implemented by the FWC at the end of 2025, including requiring requests for representation to be dealt with at the time of employee application or employer response, and a focus on expediated and settlement focused conferences.
When facing a claim in the FWC employers should ensure they understand what these changes could mean for them. Deciding matters on the papers can provide efficiencies to employers, by removing the time and cost associated with a hearing. However careful consideration should be given to the information, evidence and detail provided by employers as part of these decisions.
The Bill also contained a measure that allows the federal government to preference employers with enterprise agreements, negotiated in good faith and genuinely agreed, in procurement decisions, along with other amendments around workplace determinations and a high-income threshold for road some road transport contractor termination claims.
If you have any questions or require any assistance with a claim before the FWC, our employment team is here to help.
