The Albanese Government has announced plans to establish a new federal Fair Work Court, proposing a specialist judicial forum to resolve workplace relations disputes more quickly, simply and at lower cost.
The proposed court would hear workplace relations matters alongside the existing Fair Work Commission, with specialist judges appointed for their expertise in employment and industrial law.
According to the Government, the new court is intended to improve access to justice for workers and employers by providing a more streamlined pathway for resolving disputes, particularly where claims are relatively modest but litigation costs can be significant.
The announcement follows longstanding concerns that workplace disputes can take years to resolve through the existing court system, with delays and legal costs discouraging parties from pursuing legitimate claims.
The Government said some workers and small businesses are currently waiting more than two years for a determination, while the cost of litigation can exceed the value of the claim itself.
Federal Attorney-General Michelle Rowland said the proposed court would create a more accessible and efficient dispute resolution framework.
“The new Fair Work Court will create a streamlined dispute resolution pathway, drawing on the expertise of specialist judges to make it easier and simpler for workers and businesses to navigate the legal system,” she said.
The proposal would also mark the return of a specialist federal industrial relations court, almost three decades after the former Industrial Relations Court of Australia was abolished in 1997.
The Government has confirmed that consultation on the design of the proposed court will commence later this year.
The consultation will consider how the Fair Work Court would operate alongside the Fair Work Commission, the scope of its jurisdiction, and how it can best improve access to justice for workers and employers. Workers, employers, legal practitioners and other stakeholders will be invited to provide feedback before the Government settles the court’s final design.
Employment and Workplace Relations Minister Amanda Rishworth said specialist judges would help ensure workplace disputes are determined by decision-makers with appropriate expertise.
“We want to get this right, which is why consultation will be central to shaping the design of the proposed court,” she said.
Further details on the consultation process are expected to be released in the coming months.
