New FWC Reforms Offer a Glimmer of Hope

Let me be brutally honest for a minute…

I am so sick of watching good businesses get punished by a system that seems increasingly designed to work against them.

Every single week, I’m helping employers defend themselves against unfair dismissal, adverse action, discrimination, and psychological injury claims – many of them completely baseless, many of them lodged within probation, and many of them from individuals who have clearly learned how to game the system.

Serial applicants.
Professional claimants.
People who know exactly how to press every button, pull every lever, and back a small business into a corner.

And the worst part?

The law makes it easy for them.

The onus of proof sits on the employer.
The processes are slow, stressful, and expensive.
And small businesses – the ones with the least resources and the most genuine intent are the ones being hit hardest.

I’ve had multiple clients say to me:

“Emily, I’m done. I can’t keep doing this. I’d rather shut the doors than deal with another claim.”

And honestly? I get it.
Because from where I’m sitting, and from the numbers we now have in black and white, the system is stacked.

The Data Confirms What Employers Have Been Saying for Years

The Fair Work Commission’s 2024–25 Annual Report put hard numbers behind what businesses have been feeling on the ground.

Here’s what it shows:

• The FWC received 44,075 total lodgements in 2024–25 – 24% above the five-year average
• 6,209 general protections (GP) dismissal applications were lodged – up 13% on the previous year and 27% above the five-year average
• And the trend is accelerating: in Q1 of 2025–26, GP dismissal applications surged by a jaw-dropping 57% compared to the three-year Q1 average

A 57% increase.
In three months.

This is not a trickle of claims.
It’s a tidal wave.

Even President Hatcher has acknowledged that the Commission’s workload is now “unsustainable” and compromising its ability to function.

So, if you’re a business owner or HR professional feeling overwhelmed, burnt out, or like you’re constantly waiting for the next claim to land – you are not imagining it. The system has been buckling under pressure, and employers have been carrying the weight.

The Root of the Problem? Misuse of the GP Jurisdiction

One of the most alarming insights from the FWC’s own data is this:

Over half of general protections dismissal claims are from people who do not meet the qualifying period for unfair dismissal

In other words, people who can’t bring an unfair dismissal claim are instead lodging a GP claim – often without a genuine allegation of unlawful action.

The GP jurisdiction was never meant to become a workaround for probationary terminations or performance management. But that’s exactly what has happened.

For small businesses, this means:

• More time spent managing claims than managing staff
• More stress about performance conversations
• More paranoia about routine decisions
• More money spent on legal advice or conciliations

It is exhausting.
It is demoralising.
And it is driving many good employers to the brink.

Finally – A Small Win: The FWC Announces Reforms

After years of employers begging for fairness, the Fair Work Commission has finally responded.

On 12 November 2025, President Hatcher announced a series of reforms that directly address the explosion of GP dismissal claims and the misuse of the system.

Here’s what’s changing – and why it matters.

1. Tougher, More Detailed Application and Response Forms

The new Form F8 (application) and Form F8A (response) now require:

• Detailed submissions for representation requests (s 596)
• Full explanations for late lodgement (s 366(2))
• Clear articulation of the alleged contraventions no more ticking boxes

This forces applicants to actually outline their case or risk early dismissal.

2. Representation Permissions Now Decided Before Conferences

No more waiting until the day of the conference to find out whether a lawyer or paid agent is allowed to participate.

This cuts delays, reduces gamesmanship, and stops agents from blindsiding employers on the day

3. Late Applications Can Be Dismissed Before Employers Are Even Notified

If an application is outside the 21-day window and doesn’t show “exceptional circumstances,” it can now be dismissed without serving it on the employer at all

This is huge.
Employers will no longer waste time responding to claims that never should have been accepted.

4. Crackdown on Paid Agents and Ethical Misconduct

The FWC is tightening controls on paid agents, following recommendations to ensure:

• Ethical conduct
• Cost transparency
• Settlement funds going directly to applicants
• Representation permissions decided before conferences

This alone will disrupt a significant proportion of vexatious or opportunistic claims.

5. New Settlement-Focused Conference Model

The FWC is trialling expedited, resolution-focused conferences to clear backlogs and reduce time and cost for both employers and employees.

Why This Matters for Employers

These reforms will not fix everything.
But they are the first meaningful step in years toward restoring fairness and reducing misuse of the system.

For small businesses, this means:

• Fewer baseless claims
• Faster resolution
• Less emotional strain
• Less financial burden
• More confidence in making legitimate management decisions

And perhaps most importantly – it signals that the FWC finally recognises the problem employers have been screaming about for years.

The Road Ahead

The Commission will next review:

• Non-dismissal GP claims
• Unfair dismissal applications

And honestly?
It can’t come soon enough.

Until then, these reforms are a small but powerful shift toward balance in a system that has been painfully unbalanced for far too long.

Written by Emily Jaksch