The federal government has announced it will create a new Fair Work Court, a specialist court for workplace disputes designed to work alongside the Fair Work Commission. The announcement was made on 23 July, and the government says it will consult on the court's design later this year.
What was announced
The promise, made by the Prime Minister and senior ministers at Labor's national conference, is a new federal court staffed by specialist workplace relations judges. The announcement describes it as a forum for "simpler, fairer and faster" resolution of workplace disputes.
The court would sit alongside the existing Fair Work Commission rather than replace it. How the two bodies would divide their work is one of the questions the government says the consultation will settle.
The announcement also reaches back into history: the government notes that Australia has been without a dedicated industrial court since 1997, when the last one was abolished.
Why the government says it is needed
The government's case is about time and money. The announcement describes the current court system as costly, complex and slow for workers and employers, and says some workers and small businesses spend more than two years pursuing a resolution to matters that should be simple. It also points to cases where running a claim costs more than the claim is worth.
The Prime Minister singled out workers chasing underpayments as an example of people who should not have to wait years for an outcome.
What happens next
Nothing changes yet. The announcement is a commitment to consult, not a court that exists today, and the Fair Work Commission continues to operate exactly as it does now.
The consultation this year is to cover how the new court would work with the Commission, how it would improve access to justice, and how it would better support workers and employers in disputes. Workers, employers and experts will be able to give feedback before the government settles the final design, with more detail on the consultation process promised soon.
What this means
For unfair dismissal claims, the Fair Work Commission remains the place a claim starts today, and that is unchanged by this announcement. For how the Commission handles a claim now, see our guide to the Fair Work Commission process, and for the claim itself, unfair dismissal. Where the new court fits around the Commission, and which matters it would hear, is exactly what the consultation is meant to decide. We will report the detail when the government releases it.