A new Fair Work Court: what it could mean for employers and employees

The Prime Minister announced on 23 July 2026 that the Government will create a federal Fair Work Court to resolve workplace disputes.

The announcement was made at the ALP national conference in Adelaide. It would be the first federal industrial Court since the Howard Government abolished the last one in 1997.
The Court would sit alongside the Fair Work Commission and be staffed by specialist judges with workplace relations expertise. The stated aim is simpler, faster and cheaper dispute resolution. The design of the Court, including its jurisdiction and how it interacts with the Commission, will be settled through consultation later this year. PGC Legal’s Sini Popovic says the detail is still limited, but the direction is clear.

“There isn’t much information yet because the Government is still consulting on the design of the new Court. The aim appears to be to create a specialist forum for workplace relations disputes, with specialist judges who can resolve matters more quickly and efficiently. While the detail remains to be seen, it will be interesting to see exactly what jurisdiction is ultimately conferred on the Fair Work Court, including whether it will hear matters such as general protections claims, underpayment disputes and other workplace litigation.”

“If implemented well, workplace disputes should be resolved more quickly. Having specialist judges with significant workplace relations experience should mean matters are dealt with more efficiently and, hopefully, at less cost in legal fees, time and effort for everyone involved.”

“Ultimately, having judges with specialist workplace relations expertise should result in more consistent, efficient and timely outcomes for workplace disputes.”

Employers and employees who want advice on the potential impact should contact Sini Popovic, Senior Associate or Brenton Priestley, Partner.