The Albanese Government will establish a Fair Work Court to streamline the resolution of workplace disputes for workers and employers. The move will mark Australia's first new industrial relations court in nearly three decades.
According to the Prime Minister of Australia's official website, the proposed federal court will operate alongside the Fair Work Commission. This will create a specialist forum to deal with workplace relations matters.
The government said the current legal process is often slow, costly and difficult to navigate. Some workers and small businesses wait more than two years to resolve relatively straightforward cases.
Announcing the reform during his opening address at the Labor Party Conference on Thursday, Prime Minister Anthony Albanese said, "Australians who have been underpaid hundreds, even thousands, of dollars shouldn’t have to wait years for justice, or be told their case will cost more than their claim.”
"That’s why Labor will fix it, with the Fair Work Court to resolve disputes faster and at lower cost, benefiting employees and employers alike."
The Fair Work Court will be the first specialist industrial relations court since the Howard Government abolished the Industrial Relations Court of Australia in 1997. Workplace relations experts will be appointed to the bench, ensuring disputes are heard by judges with specialist knowledge of employment law.
Consultation to determine court's framework
The government will begin consultations this year with workers, employers, business groups and legal experts to determine the court's final structure and how it will work alongside the Fair Work Commission. The consultation will also focus on improving access to justice and ensuring the new system better serves both employees and businesses.
Amanda Rishworth, Minister for Employment and Workplace Relations said, "A Fair Work Court will make a significant difference to help workers receive the entitlements and pay they worked hard for."
"It is important that the system works fairly and efficiently for workers and employers,” she added.
"Specialist judges with workplace relations expertise would ensure workplace matters are considered by people with appropriate expertise."
"We want to get this right, which is why consultation will be central to shaping the design of the proposed court."
Michelle Rowland, Attorney-General mentioned, "The Albanese Government is committed to enabling timely and effective access to justice for more Australians."
"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 added.
"The Government looks forward to consulting with workers, business and the legal profession on the final design of the court,” she concluded.
Unions welcome long-awaited workplace reform
The announcement has been welcomed by the Australian Council of Trade Unions (ACTU), which said the proposed court would address longstanding barriers that prevent workers from pursuing legitimate workplace claims.
Sally McManus, ACTU secretary said the current legal system often discourages employees from seeking unpaid wages because of the time, cost and complexity involved.
"Justice delayed is justice denied." She elaborated, "We all know someone who was ripped off at work but didn’t think it was worth the time, the stress or the money to go after their wages."
"This court will make it simpler for workers to recover wage underpayments and get other matters dealt with without waiting for years,”s he concluded.
The ACTU said the establishment of a dedicated Fair Work Court would provide workers and employers with a more efficient avenue for resolving disputes, while improving confidence in Australia's workplace relations system.