On 12 November 2025, our President Justice Hatcher issued a statement about Reforms to general protections dismissal application processes.
That statement outlined the need for the Commission to review and reform our case management practices in light of our increasing workload. This increase has been driven by record lodgments, particularly in our two largest case types, unfair dismissal applications and general protections dismissal applications.
Since the President's statement, lodgments have continued to increase. Our latest data indicates that general protections dismissal applications are on track to increase by 80% over the 3 years to the end of FY2025-26.
To deal with these escalating case numbers, we are piloting different approaches to resolving general protections dismissal disputes. These changes are reflected in our notice of listing and other correspondence. These approaches involve targeted early intervention by our staff and a new resolution-focused model for conferences conducted by Members and staff .
Early interventions
Early interventions are being conducted in some general protections dismissal matters by senior dispute resolution officers. This may involve initial conversations with applicants and respondents, shuttle negotiations and bringing the parties together for a staff-led conference.
Staff-led conferences
Our highly-skilled staff conduct conferences in general protections dismissal matters on delegation from the President under section 625 of the Fair Work Act 2009. This delegation includes the power to:
- inform themselves in accordance with section 590 of the Act by conducting inquiries or conducting a conference or inviting submissions
- conduct a conference in accordance with section 592 of the Act
- mediate or conciliate a dispute in accordance with section 595(2)(a), express an opinion in accordance with section 595(2)(b), including advising the parties in accordance with paragraph 368(3)(b) of the Act
- grant permission under subsection 596(2) of the Act for a person to be represented in a conference by a lawyer or paid agent.
Where possible, our staff will make decisions about representation before a conference starts. If this is not possible, staff will determine permission to appear at the start of the conference consistent with the powers delegated to them.
The conference is an opportunity for the parties to resolve the case without going to court. Our staff are trialling processes which have been adopted by Members since November last year as outlined in the President's statement.
Respectful behaviour towards Commission staff
In accordance with our Service Charter, Commission staff are committed to being courteous, respectful and helpful. In return, we expect parties and their representatives to treat us with respect and avoid unacceptable behaviour. Unacceptable behaviour includes:
- language directed at Commission staff that is offensive, abusive, intimidating or threatening
- violent or aggressive behaviour
- any other behaviour that may make Commission staff feel unsafe or at risk of harm.
