New Fair work court announced 

On 23 July 2026, in a Joint Media Release with Ministers Rishworth and Rowland, the Prime Minister announced that the Albanese Labor Government would create a new Fair Work Court. The stated intention for the proposal was to provide ‘simpler, fairer and faster justice’ for working Australians. The announcement stated that the new federal Fair Work Court would provide a specialist forum for resolving workplace relations disputes “seamlessly with the Fair Work Commission”.

Unsurprisingly, the announcement was well received by ACTU which has previously called for the establishment of an Industrial Court.

Those who have spent many years in the field of industrial relations may be forgiven for feeling a degree of déjà vu. The jurisdiction of the former Industrial Relations Court was transferred to the Federal Court as a result of legislation introduced by the Howard Government.

The lack of detail regarding the proposal may be cause for concern for employers. It is as yetunclear what the jurisdiction of the new court will be or how its functions will fit within the broader enforcement framework. It is also unclear how the reform can be justified given recent media reporting on the extensive employment and industrial law experience held by a significant number of judges of the Federal Circuit Court (AFR: 30 July 2026).

Proposals to improve the workplace relations system in Australia should target the extraordinary complexity employers face on a day-to-day basis. Governments should direct their reform efforts at making it easier for employers to understand their obligations and apply them in the workplace. Such reforms may reduce inadvertent breaches and lessen the need for costly litigation in the first place.

MBA NSW will continue to advocate on behalf of members for a workplace relations system that is fair, balanced and practical.