On 12 November 2025, the President of the Fair Work Commission (FWC) announced significant reforms to the way general protections (GP) dismissal applications are managed. The changes respond to a sustained surge in filings, which has pushed the Commission’s workload beyond sustainable limits. In 2024–25, the FWC received 6,209 GP dismissal applications, up 27% on the five-year average, with a further 57% jump in the first quarter of 2025–26 alone.

What has prompted the reforms?

The Commission’s current processes have been strained by rapid growth in both unfair dismissal and GP dismissal matters. GP applications, in particular, require intensive case management and often raise jurisdictional objections, with around 20% of matters in 2024–25 requiring a preliminary ruling on jurisdiction.

The President has warned that without reform, the Commission’s ability to perform its core functions (including enterprise bargaining support and modern award work) will be compromised.

Key changes you need to know

Amended F8 and F8A forms

Both application and response forms now require more detailed information from the outset. Applicants must:

• Provide submissions supporting any request for legal or paid-agent representation.
• Address extension-of-time criteria upfront if lodging out of time.
• Clearly articulate alleged contraventions rather than simply ticking boxes.

Respondents must:

• Provide full submissions for representation requests.
• Identify and explain jurisdictional objections in the F8A (objections can no longer be raised later).

Earlier decisions on representation

Permission for representation under s 596 may now be determined “on the papers” before the conference, enabling more efficient scheduling and reducing delays.

New triage for late applications

Out-of-time applications will not be automatically served. A Commission Member will first review whether “exceptional circumstances” exist. If not, the matter may be dismissed without requiring a response.

Settlement-focused conference reforms

A trial of new conference procedures is underway, featuring streamlined notices, standardised opening statements and more tightly focused settlement conferences.

Forthcoming amendment to response times

Following feedback from small business, the Commission will consult on extending the current seven-day response period.

What this means for employers

Expect greater scrutiny at the point of lodgement, earlier engagement with jurisdictional issues, and a more formalised process around representation. Employers should be prepared to respond quickly and with detailed submissions.

If you need assistance navigating the new GP dismissal framework or reviewing current matters for compliance, contact Brenton Priestley, Partner or Sinisa Popovic, Senior Associate.

This information is general in nature and does not constitute legal advice.