Government Announces Plans for New Fair Work Court
The Albanese Labor Government has announced plans to establish a new Fair Work Court, aimed at making workplace disputes simpler, faster and more affordable to resolve for both employers and employees.
Why is a Fair Work Court being proposed?
According to the Albanese Government, the current system can be expensive, time-consuming and difficult to navigate. In some cases, employers and employees spend more than two years resolving workplace disputes, with legal costs sometimes exceeding the value of the claim itself.
The proposed Fair Work Court is intended to provide a specialist court focused exclusively on workplace relations matters, helping to deliver faster and more practical outcomes.
The Government expects the new court to:
- Resolve workplace disputes more quickly.
- Reduce complexity for employers and employees.
- Improve access to justice.
- Work alongside the Fair Work Commission to create a more streamlined dispute resolution process.
- Be staffed by specialist judges with expertise in workplace relations.
The Government says the aim is to create a system that is easier to understand and more efficient, particularly for small businesses that often lack the resources to engage in lengthy legal proceedings.
In comments made to the media on 25 July, Workplace Relations Minister Amanda Rishworth said she did not expect any changes to the functions of the Fair Work Commission. The Minister noted that there are matters that currently must either go to the Federal Court or the Federal Circuit and Family Court which would instead be dealt with in the Fair Work Court once established. The Minister said the specialised court would provide “better alignment and coordination with the Fair Work Commission.”
In an exchange with a journalist that will interest many employers, the Minister was asked to address concerns the new court might be stacked with Labor-aligned judges, the Minister had the following to say:
What this court is about is about getting people with workplace law expertise. That people will be appointed on a merit base and importantly have the expertise. So look, obviously we’re going through the consultation process about the structure of the court, but this is about efficient and fair justice for workers but also employers. You can’t tell me that employers want to have cases running for two, three years, particularly small businesses. So this is about more efficient, effective, but also specialised understanding in workplace relations laws, that’s what this is about.
Consultation
Importantly, the Fair Work Court has not yet been established.
The Government will consult with employers, employees, legal experts and other stakeholders during the design phase to determine the court’s design before introducing legislation to establish the court to the parliament.