This bill is currently before Parliament.
Work & employment
Workers who say they were unlawfully dismissed could seek early help from the Fair Work CommissionAustralia’s national workplace tribunal., Australia’s national workplace tribunal.
The Coalition said the Fair Work CommissionAustralia’s national workplace tribunal., Australia’s national workplace tribunal, faced rising workloads, delays, limited resources and more people representing themselves. It said preliminary arguments about whether a dismissal occurred affected hundreds of cases each year, adding hearings, cost and delay. The bill aimed to move cases faster while keeping the existing 21-day deadline for lodging dismissal claims.
The Fair Work CommissionAustralia’s national workplace tribunal. was already handling dismissal and unlawful termination claims, while regulated road transport contractors faced an inflexible income threshold that could limit access to workplace protections. Rising AI-assisted claims increased the Commission’s workload by about 70 per cent over three years and delayed major proceedings, prompting Senator Hume Jane’s private bill to streamline case handling, limit baseless repeat applications and adjust protections for road transport contractors.
The evidence pack contains no speech from an opposing party or other speaker criticising the bill. Wendy Askew (Liberal) acknowledged that reasonable people could disagree about the separate income limit for road transport contractors, but she did not set out a specific opposing argument.
Senator Hume Jane introduced this bill. Supportive speeches so far have come from Liberal Party.
Did it become law?
Not yet
Final passage
No final vote yet
The bill has not yet completed passage through Parliament.
Days since introduction
44 days
Updated 07 Aug 2026.
Meaning
Workers who say they were unlawfully dismissed could seek early help from the Fair Work CommissionAustralia’s national workplace tribunal., Australia’s national workplace tribunal. Whether a dismissal occurred could be decided later.
Workers with unresolved dismissal disputes could receive required certificates sooner. The Commission’s President could delegate this procedural work to senior staff at APS 6A senior Australian Public Service classification. level or above.
People in selected workplace cases could have their dispute decided from written material, without a hearing. The Commission and every party would need to agree.
People who repeatedly lodge baseless cases could need permission before making specified future applications. A panel of senior Commission members must impose the restriction after hearing from the person.
Workers and employers replacing a shared pay agreement could begin the approval process from three months before expiry until two years afterwards. It must cover substantially the same group.
Road transport contractors could use a separate income limit when seeking protection from unfair contract endings or terms. Regulations would set it, but it could not fall below the general contractor limit.
The Construction and General Division’s administrator would retain six-month financial reports but gain up to three months to provide each one. Existing accounting standards would continue.
35 Section 773 Repeal the section, substitute: 773 Application for the FWC to deal with a dispute (a) an employee; or (b) an industrial association that is entitled to represent the industrial interests of an employee; alleges that the employee’s employment was terminated in contravention of subsection 772(1), the employee, or the industrial association, may apply to the FWC for the FWC to deal with the dispute. 36 Paragraph 774(1)(a) Omit “employment was terminated”, substitute “alleged termination took effect”. 37 Paragraph 774(2)(b) Before “termination”, insert “alleged”. 38 AfterWorkplace Relations Legislation Amendment (Clearing the Fair Work Commission Backlog) introduced text
39 After subsection 625(3) (3A) The President may, in writing, delegate all or any of the functions or powers of the FWC under subsection 368(3) (unresolved dismissal disputes) or subsection 776(3) (unresolved unlawful termination disputes) to any of the following people: (a) a member of the staff of the FWC who is an SES employee or acting SES employee; (b) a member of the staff of the FWC who is an APS employee who holds or performs duties of an APS 6 position, or an equivalent or higher position.Workplace Relations Legislation Amendment (Clearing the Fair Work Commission Backlog) introduced text
41 Section 397 Before “The FWC”, insert “(1)”. 42 At the end of section 397 (2) However, the FWC may make a decision in relation to the matter without either conducting a conference or holding a hearing if: (a) it appears to the FWC that the matter can be adequately determined in the absence of the parties to the matter; and (b) the parties to the matter consent to the FWC making a decision in relation to the matter without conducting a conference or holding a hearing. 43 Section 536LX Before “The FWC”, insert “(1)”. 44 At the end of section 536LX (2) However, the FWC may make a decisWorkplace Relations Legislation Amendment (Clearing the Fair Work Commission Backlog) introduced text
46 After section 587 587A Orders about further applications after dismissal (1) If the FWC dismisses an application (the substantive application) under paragraph 587(1)(b) or (c), the FWC may order that the applicant must not make a further application to the FWC of a kind specified in the order without the permission of the FWC, given by the President, a Vice President or Deputy President. Note: The FWC must be constituted by a Full Bench to give an order under subsection (1) (see subsection 616(4C)). (2) The FWC must not make an order under subsection (1) unless: (a) the applicant has bWorkplace Relations Legislation Amendment (Clearing the Fair Work Commission Backlog) introduced text
49 After subsection 243(2B) Supported bargaining authorisation—agreement replacing earlier supported bargaining agreement (2C) The FWC must also make a supported bargaining authorisation in relation to a proposed multi‑enterprise agreement if: (a) the proposed agreement will replace an earlier supported bargaining agreement (the earlier agreement) that will have passed its nominal expiry date; and (b) an application for the authorisation has been made by an employee organisation that was a bargaining representative for the earlier agreement; and (c) the application was made: (i) no earliWorkplace Relations Legislation Amendment (Clearing the Fair Work Commission Backlog) introduced text
15 After section 15C 15CA Meaning of road transport contractor high income threshold (1) Subject to this section, the road transport contractor high income threshold is the amount prescribed by, or worked out in the manner prescribed by, the regulations. (2) A regulation made for the purposes of subsection (1) has no effect to the extent that it would have the effect of reducing the amount of the road transport contractor high income threshold to be less than the amount of the contractor high income threshold. (a) in prescribing a manner in which the road transport contractor high income tWorkplace Relations Legislation Amendment (Clearing the Fair Work Commission Backlog) introduced text
6 After subsection 323T(2) Financial report (2A) The administrator must also give the Minister a copy of a report (the financial report) prepared in accordance with subsection (2B) that is relevant to: (a) the Construction and General Division and its branches; and (b) the 6 month period covered by the scheme operation report. (2B) The financial report must: (a) be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1); and (b) contain the information set out in subsection 253(2) in relation to the Construction and GenerWorkplace Relations Legislation Amendment (Clearing the Fair Work Commission Backlog) introduced text
Context
The Fair Work CommissionAustralia’s national workplace tribunal. was already handling dismissal and unlawful termination claims, while regulated road transport contractors faced an inflexible income threshold that could limit access to workplace protections. Rising AI-assisted claims increased the Commission’s workload by about 70 per cent over three years and delayed major proceedings, prompting Senator Hume Jane’s private bill to streamline case handling, limit baseless repeat applications and adjust protections for road transport contractors.
Fair Work CommissionAustralia’s national workplace tribunal. delays AI consultation case to 2027
The Commission postponed a major workplace consultation case because its capacity was strained by a surge in AI-written unlawful dismissal claims.
Australian Financial Review ↗Fair Work CommissionAustralia’s national workplace tribunal. reports a 70 per cent workload increase
The Commission announced a review of its processes after attributing an estimated 70 per cent workload increase over three years partly to generative AI-assisted applications.
Bloomberg ↗Senator Hume Jane introduces the bill
The private bill was introduced in the Senate to streamline Fair Work CommissionAustralia’s national workplace tribunal. processes and address access problems affecting regulated road transport contractors.
Hansard ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Key criticism
The evidence pack contains no speech from an opposing party or other speaker criticising the bill. Wendy Askew (Liberal) acknowledged that reasonable people could disagree about the separate income limit for road transport contractors, but she did not set out a specific opposing argument.
Askew argued that contractors’ business costs can make their income look higher than the amount they keep. She also said the wider package would reduce delays while preserving fairness.
Further sources
Votes
No recorded votes have been found yet for this bill.
Parliamentary debate
Start here — lead voices
Wendy Askew supports the bill and commends it to the Senate, arguing that its reforms will reduce delays, improve efficiency and help the Fair Work CommissionAustralia’s national workplace tribunal. resolve workplace disputes more promptly.
Read in Hansard ↗All speeches by bloc
1 speaker · 1 support
“I commend the Bill to the Senate.”Read the full speech in Hansard ↗
Record
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
