New laws respond to FWC increased caseload and the use of generative AI

At a glance

• On 3 June 2026, the Workplace Relations Legislation Amendment (Building Cooperative Workplaces No.1) (Cth) (Bill) introduced changes to workplace laws affecting dispute processes in the Fair Work Commission (FWC).
• This was in response to the FWC's increasing caseload, including applications generated or assisted by generative AI, amongst other changes.
• The FWC will have new powers to handle disputes faster, decide some matters 'on the papers', and restrict individuals who repeatedly bring baseless claims from making further claims.

Relevantly, the Bill will amend the Fair Work Act 2009 (Cth) to give the FWC greater procedural flexibility, including enabling it to:

• Deal with general protections or unlawful termination disputes by conciliation conference without first determining whether an employee was dismissed (a key threshold question in order for the FWC to deal with the dispute).
• Determine certain matters 'on the papers' (based on written submissions alone) without the need for a formal hearing or conference, where appropriate and with the parties' consent.
• Make orders requiring a person to obtain permission before filing further applications, where that person has previously made applications that were frivolous, vexatious or had no reasonable prospects of success.

For employers, the key practical consequence is that general protections and unlawful termination disputes may proceed to conciliation before any jurisdictional objection about whether a dismissal occurred is determined (as was previously the case before 2020). Employers should be prepared to participate early in conciliation even where they maintain that the FWC lacks jurisdiction.

The Bill is currently before Parliament, and a further update will be provided once passed.