Australia’s Fair Work Commission has introduced a suite of reforms and a new case management system to produce greater efficiencies after being swamped by a 24 per cent increase in its workload.
In a statement issued this week, Fair Work Commission President and Federal Court Justice Adam Hatcher said that in 2024-25 the Commission received a 44,074 lodgements driven by increases in unfair and general protections dismissal applications.
Justice Hatcher’s comments follow the release of the Fair Work Commission’s Annual Report 2024-25.
He said general protection’ dismissal applications – which saw the highest growth in the jurisdiction with 6209 applications – had resulted in reforms to streamline case management efficiencies.
“The increase in lodgements is substantially driven by increases in the two largest case types, unfair dismissal … and general protections dismissal applications,” Justice Hatcher said.
“The continuing rate of growth in the Commission’s workload is unsustainable within the Commission’s current operational, performance and funding structures.
“It is also compromising the Commission’s capacity to devote resources to matters of high public value such as the facilitation of enterprise bargaining, industrial dispute resolution, and the rectification of gender-based undervaluation in modern awards.
“Accordingly, it has become necessary for the Commission to review and reform its case management processes in order to endeavour to accommodate this increasing workload.”
Regarding the general protection’s dismissal jurisdiction, Justice Harker said the Fair Work Act 2009 (FW Act) provided myriad workplace safeguards.
The principal categories for protections, Justice Hatcher said, were workplace rights, engaging in industrial activities, unlawful discrimination and sham arrangements.
“Having regard to the significant increase in the number of general protections dismissal applications being lodged, in July 2025, I convened a working group of Commission Members and staff to review the Commission’s current case management processes in this area,” he said.
“The review consists of three stages: Review of application and response forms. Review of processes for conducting s 368 conferences. Review of information and education materials.”
s368 conferences refer to private and mandatory conference held by the FWC.
“The working group has completed stage 1 of the review. Amended application and response forms are now available on the Commission’s website.
“In respect of stage 2, a small group of Commission Members are currently trialling new procedures for the conduct of conferences. The working group is assessing the results of the trial, and I anticipate that the new procedures will be rolled out for all conferences conducted by Commission Members before the end of the year.
“Stage 3 of the review will commence over the coming weeks.”
Justice Hatcher said he would endeavour to publish further advice and information on the “next steps in the reform process” in a timely manner.
“In keeping with the Commission’s commitment to implementing change in an open and transparent way, we encourage active involvement from all interested parties.”
Feedback relating to documents and information materials published on the Commission’s website can be submitted to consultation@fwc.gov.auE
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