Australia introduces bill to strengthen Fair Work Commission

The Albanese Government has unveiled a fresh package of workplace reforms aimed at helping the Fair Work Commission (FWC) handle a growing wave of applications, including those increasingly driven by artificial intelligence and paid agents, as reported by the Ministers' Media Centre.

The proposed changes form part of the Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Bill 2026, set to be introduced to Federal Parliament on 3 June.

The reforms are designed to reduce delays, cut costs and improve the Commission's ability to resolve disputes quickly for both workers and employers.

Faster decisions

Under the proposed legislation, the FWC will gain greater flexibility in managing dismissal-related disputes.

The Commission will be able to bypass lengthy hearings on jurisdictional issues before progressing certain dismissal cases. It will also have the power to determine matters on written submissions where appropriate, removing the need for a formal hearing.

Applicants whose claims have previously been dismissed as frivolous, vexatious or lacking reasonable prospects of success may be prevented from lodging further applications. Similar powers will apply to unfair deactivation and unfair termination claims.

The Government says these measures will allow the Commission to focus its resources on genuine workplace disputes.

Bargaining boost

The Bill also seeks to simplify supported bargaining processes.

Where a supported bargaining authorisation has been granted within the previous two years, bargaining could recommence without requiring a new authorisation. The change is expected to save both employers and employees time and money.

In another move aimed at speeding up dispute resolution, the Fair Work Commission President will be able to delegate powers to certify when a dismissal-related dispute has not been resolved through the Commission and can proceed directly to arbitration or the courts.

Enterprise agreements

The legislation includes provisions allowing Commonwealth spending to support enterprise bargaining arrangements that promote job security and fair workplace conditions.

The Bill would enable the Commonwealth Government to give preference, where appropriate, to enterprise agreements that have been negotiated in good faith and genuinely agreed by parties.

However, the Government stressed there would be no obligation to do so. The approach will be considered further as part of the development of the Secure Australian Jobs Code.

Support for truckies

Small business owners in the road transport sector are also set to benefit.

Currently, many owner-drivers cannot access unfair contract protections through the Fair Work Commission because their work-related expenses push them above the existing high-income threshold.

The Government plans to introduce a new threshold specifically designed for the industry. Consultation with stakeholders will determine the final level.

Other changes

The Bill also clarifies travel allowance rates for members of the National Construction Industry Forum (NCIF).

It updates ministerial representation by replacing Minister Ayres with Minister O'Neil following machinery-of-government changes and adds Minister Giles as a permanent member, reflecting the growing importance of skills development within the NCIF's Blueprint for the Future.

Minister's view

Amanda Rishworth, Minister for Employment and Workplace Relations, said the reforms would help the Commission remain effective in a rapidly changing workplace environment.

“This will mean individual matters can be dealt with more quickly, so workers and employers can get more timely resolutions to their issues and enable the Commission to respond to challenges presented by the increase of artificial intelligence and paid agents.

“Importantly, this will ensure the Commission can continue to effectively perform its crucial functions, such as setting minimum wages, adjusting awards, approving enterprise agreements and resolving disputes.

“My priority is working to ensure our reforms continue to deliver secure jobs, better pay and cooperative and productive workplaces.”

These amendments will help the Fair Work Commission allocate its time and resources more efficiently so it can continue to effectively perform its vital role as our national independent workplace relations tribunal.