Australia plans a new Fair Work Court to speed up employment disputes

At a glance

• The Australian government has announced plans to establish a new Fair Work Court providing a specialist forum to resolve workplace relations disputes.
• Prime Minister Anthony Albanese indicated that the court would operate alongside the Fair Work Commission (Commission) to deliver faster, more affordable outcomes.
• The proposal follows growing pressure on the Commission with a reported backlog of approximately 44,000 cases in April 2026.
• Employer groups have questioned whether a new court is necessary, while unions have welcomed the initiative.
  

Australian Prime Minister, Anthony Albanese, plans to establish a new Fair Work Court to work alongside the Commission in resolving workplace disputes.

The proposal, announced at the Australian Labour Party Conference on 23 July 2026, is intended to provide a dedicated forum for workplace relations matters and improve the speed and cost-effectiveness of dispute resolution. If implemented, it would be Australia's first specialist industrial relations court since the Industrial Relations Court of Australia was abolished in 1997.

The announcement comes against the backdrop of increasing pressure on the Commission. In April 2026, the Commission reported a backlog of approximately 44,000 cases, citing resource constraints, more self-represented applicants and an increase in AI-generated claims.

Employer groups argue the proposal may duplicate existing institutions and increase complexity, while unions support the initiative as a way to improve access to justice for workers, particularly in underpayment and wage theft matters.

The Government has indicated that consultation on the court's structure and operation will occur later this year before legislation is introduced.

Further updates will be provided as the court's structure and operations emerge.