A number of changes to the Fair Work Commission Rules 2024 have been proposed, with the President of the Fair Work Commission (FWC) publishing an exposure draft of the Fair Work Commission Amendment (2026 Measures No. 1) Rules 2026. These changes are necessary for the FWC to manage increased workload, resourcing challenges and the impact of GenAI.
The proposed changes would:
- Correct minor errors and omissions and update various references.
- Make some existing rules clearer.
- Make new rules and change existing rules to support the types of applications and notices that were introduced by the Closing Loopholes legislation.
- Require applications to be made online via MyFWC.
- Allow documents to be served electronically, using links to the documents.
- Require jurisdictional objections to be included in responses to general protections or unfair dismissal applications.
- Require enterprise agreement applications to include a digital copy of the agreement in a specified format.
The General Manager of the FWC also recently published a statement about upcoming changes to the FWC systems and processes. Below are the changes and what they involve.
Early intervention in general protections disputes
This involves the pilot of a new alternative dispute resolution (ADR) process in general protections cases involving dismissal. In this pilot, cases are allocated to teams who will use a mix of ADR options to manage the case to finalise them quicker.
Staff conference model pilot in general protections dispute
Staff conciliators are piloting a new conference model where cases are listed for a 60-minute conference which is focused on finding a resolution. Early results show that the process can be an efficient alternative to the current conference model.
MyFWC
The MyFWC portal was released in 2025 and was designed as an end-to-end case management system. The next step in the development of this portal is to create a space on the portal for parties to access information regarding their case. To facilitate its development, it will also soon require F2 and F8 form applications to be lodged through MyFWC. This will help to improve processing efficiency.
Agreement Checklist Assistant
An Agreement Checklist Assistant that uses GenAI is being developed to assist staff in carrying out pre-approval checks for enterprise agreement applications. The aim is to help staff identify concerns with the agreement before it is allocated to a Commission Member.
AI Assisted Helpline
The development of an AI voice agent is currently being explored to help triage helpline calls and improve service delivery. A proof of concept has been developed and the FWC is considering if they should develop a product for public release.
Document Search
A Document Search platform was released in February 2026. This was developed to mitigate emerging risks related to older technology and ongoing platform maintenance. The delivery of the new platform provides both efficiency and resource savings for the FWC. There will be enhancements and bug fixes over the coming months to improve the search.
The public is invited to comment on the proposed changes by 4pm on Wednesday 1 July 2026 by emailing consultation@fwc.gov.au.
If you would like more information on the Fair Work Commission changes, or would like assistance in lodging applications, contact us via the link below.