The Government has announced plans for a new ‘Fair Work Court’, aimed at delivering “simpler, fairer and faster justice for all working Australians”.
While the details are still being developed, the Government has indicated that the new court will hear underpayment claims. These matters are currently dealt with by the Federal Courts rather than the Fair Work Commission, and can be subject to delays due to court workloads. The new court is also expected to comprise specialist judges with workplace relations expertise.
A formal consultation process will take place this year to determine key aspects of the court, including:
- the types of claims it will hear and determine;
- how it will interact with the Fair Work Commission and Fair Work Division of the Federal Courts; and
- the procedural and evidentiary rules that will apply.
The consultation will provide workers, employers and legal experts with an opportunity to help shape the court’s final design.
As more details emerge, the proposed ‘Fair Work Court’ is likely to represent a significant change to the workplace relations system.