The Fair Work Commission (FWC) is planning changes to how certain workplace claims are handled, following a sharp rise in the number of cases being lodged.
In November 2025, FWC President Adam Hatcher announced proposed reforms to the process for general protections claims involving dismissal. These claims typically arise when an employee alleges they were dismissed for reasons that breach workplace protections — such as exercising a workplace right.
The changes come after a significant increase in these claims in recent years. During the 2024-25 financial year, the number of cases rose 27% above the five-year average. The trend has continued into the current financial year, with claims between June and September 2025 already sitting 57% above the three-year average.
Hatcher said the growing volume of claims had created an “unsustainable” workload for the FWC and was affecting its ability to focus on matters of broader public importance.
The FWC is proposing reforms aimed at improving how these claims are managed and discouraging cases that have little prospect of success.
The reforms will be introduced in three stages.
Stage 1: The introduction of new application and response forms, that will be developed by a working group of FWC members and staff, and chaired by Hatcher.
Stage 2: A review of the processes for conferences, in which a working group trials a new procedure for the conduct of conferences, that includes a focus on “expedited, settlement-focused conferences”.
Stage 3: Reviewing information and educational materials that is available to assist parties navigate the complexities of general protections applications and provide guidance on how to prepare materials and forms.
The FWC has provided that these procedural reforms will specifically involve:
a. new updated claim and response forms that will require “a more rigorous articulation of the applicant’s case that the GP provisions have been contravened“, as well as new requirements and processes for raising and determining any potential jurisdictional objections;
b. these updated claim and response forms will also aim to “…facilitate new case management processes intended to produce efficiencies in the way the Commission deals with general protections dismissal applications“;
c. a change in how extension of time cases, where there is no reasonable prospect of success will be dealt with, with a shift towards the FWC determining “on the papers” whether to throw out these matters, without requiring employers to respond;
d. limiting representation at conferences, due to their “straightforward” nature;
e. permission for representation can now be determined prior to a conference, using the information provided on the forms;
f. putting parties on notice that conferences are to explore potential resolutions and for parties to engage in meaningful settlement discussions; and
g. terminating conferences if one (or both) of the parties do not wish to engage in meaningful settlement discussion.
Whilst Hatcher’s announcement related to General Protections claims (involving dismissal), it was also foreshadowed that once these reforms are in place, the FWC will conduct similar reviews for General Protections claims (not involving dismissal), as well as unfair dismissal applications.
There are a number of ways in which the procedural reforms to General Protections Claims (involving dismissals) might have a positive impact for employers. More specifically, these procedural reforms intend to focus on increasing the efficiency of how these types of claims are managed, as well as reducing the number of unmeritorious claims, that should never have been filed in the first place. This could ultimately reduce the financial and time burden that is placed on employers, to respond to and defend these types of claims.
However, despite these potential benefits for employers, it is important for employers not lose sight of the increasing number of employee’s that are making General Protections Claims (involving dismissals). This highlights the importance of employers doing what they can to firstly, minimise their exposure to these type of claims, and secondly ensuring that they are in the best position they can be, to defend any claim that is made against them.
An effective way for employers to do this, is by making sure their processes, policies, procedures and documentation are fit for purpose, up to date and compliant with the relevant legislation and industrial instruments.
At Business Law WA, our team of workplace relations experts can assist your business with reducing potential exposure to General Protections Claims (involving dismissal) and other claims, as well as representing employers in industrial tribunals (FWC and WA Industrial Relations Commission) and court proceedings. We can provide legal advice on:
Contact the Business Law WA team on 08 9365 7746 or at businesslawwa@cciwa.com for further information.
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CCIWA, Business Law WA and REEFWA has taken all reasonable care in preparing this document. The contents of this document do not constitute legal advice and should not be relied upon as such. Specific advice for your situation should be sought from CCIWA, Business Law WA or a professional adviser before any action is taken. Neither REEFWA, CCIWA nor Business Law WA accept responsibility for any claim that arises from any person acting or refraining from acting on the information contained in this document.
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