Workplace Relations Legislation Amendment (Clearing the Fair Work Commission Backlog) Bill 2026 Explained

The short answer

Workplace Relations Legislation Amendment (Clearing the Fair Work Commission Backlog) Bill 2026 Explained

The Workplace Relations Legislation Amendment (Clearing the Fair Work Commission Backlog) Bill 2026 is a private senator's bill introduced by Liberal Senator Jane Hume on 24 June 2026. According to the official summary on the Parliament bill page, the bill amends the Fair Work Act 2009 in relation to ministerial membership arrangements for the National Construction Industry Forum, travel allowances for members of the Road Transport Advisory Group, Fair Work Commission processes, and supported bargaining authorisations; the Fair Work Act 2009 and the Independent Contractors Act 2006 in relation to the road transport contractor high income threshold; and the Fair Work (Registered Organisations) Act 2009 in relation to reporting timeframes for the Administrator of the Construction and General Division of the Construction Forestry Manufacturing and Energy Union. Key measures include allowing the Commission to dismiss frivolous or vexatious applications, delegating certain procedural powers to Commission staff, enabling matters to be determined 'on the papers' where parties agree, and creating a streamlined pathway for replacing supported bargaining agreements. It is currently before the Senate as of 10 August 2026 and has not been debated.

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Evidence review

What the bill proposes

The bill contains three schedules. Schedule 1 is the main schedule, amending the Fair Work Act 2009 with 10 parts of changes. The central theme is improving the efficiency of Fair Work Commission processes. The EM states that the measures would have a 'minor positive impact on the Commission and will better enable it to respond to increases in lodgements.' No additional funding is provided.

The official summary on the Parliament bill page confirms the bill's scope: it amends the Fair Work Act 2009 in relation to ministerial membership arrangements for the National Construction Industry Forum, travel allowances for members of the Road Transport Advisory Group, Fair Work Commission processes, and supported bargaining authorisations; the Fair Work Act 2009 and the Independent Contractors Act 2006 in relation to the road transport contractor high income threshold; and the Fair Work (Registered Organisations) Act 2009 in relation to reporting timeframes for the Administrator of the Construction and General Division of the Construction Forestry Manufacturing and Energy Union.

The bill would allow the Commission to deal with general protections dismissal and unlawful termination disputes through conciliation or mediation without first needing to make an arbitrated decision about whether the applicant was in fact dismissed. This is intended to restore the process the Commission applied before the Full Federal Court's decision in Coles Supply Chain Pty Ltd v Milford [2020] 279 FCR 591.

The President of the Commission would be empowered to delegate powers related to general protections dismissal and unlawful termination disputes (under subsections 368(3) and 776(3)) to Commission staff at the APS 6 level and above. Currently, only a Commission Member can issue the certificate needed for parties to progress to arbitration or court. The EM argues that the staff conciliator who conducted the conference and is closest to the matter should be able to issue the certificate, reducing delays.

Evidence review

New powers to dismiss and prevent vexatious applications

The bill would amend section 587(2) of the Fair Work Act to allow the Commission to dismiss unfair termination and unfair deactivation applications that are 'frivolous, vexatious or have no reasonable prospects of success.' This is consistent with the Commission's existing power to dismiss unfair dismissal applications on the same grounds.

Additionally, a Full Bench of the Commission would be able to make a 'vexatious proceeding order' preventing a person who has had an application dismissed on these grounds from making further specified applications without permission from the Commission. Safeguards include: the order can only be made by a Full Bench; the person must be given a reasonable opportunity to make submissions; the order does not apply to dismissal disputes, certain dispute applications, or sexual harassment disputes (except stop sexual harassment order applications); and the person remains able to seek judicial review.

Evidence review

Determining matters 'on the papers' and streamlining supported bargaining

The bill would empower the Commission to determine certain contested matters 'on the papers' — without a conference or hearing — if the parties agree and a Commission member considers the matter can be adequately determined in that way. This is intended to reduce the time and cost burden on parties and the Commission for matters where an oral hearing is unnecessary.

Part 9 of Schedule 1 would create a streamlined process for supported bargaining authorisations where the Commission has previously made an authorisation for the same or substantially the same group of employees and employers. An employee organisation could apply for a new authorisation three months before the nominal expiry date of the earlier agreement, avoiding the need to re-establish eligibility from scratch. The EM says this would 'reduce administrative burden and delay' and promote the right to collective bargaining.

Evidence review

Road transport contractor high-income threshold

Parts 4 and 10 of Schedule 1 would create a separate Road Transport Contractor High Income Threshold (RTCHIT), to be set by regulation. The EM explains that 'regulated road transport contractors, particularly long-distance owner drivers, often incur high operating costs that can inflate their overall earnings relative to their take home pay.' A separate threshold would improve access to unfair termination and unfair contract protections under Chapter 3A of the Fair Work Act for contractors earning below the new threshold.

Contractors with incomes above the RTCHIT would continue to access the unfair contracts jurisdiction of the Independent Contractors Act 2006. Transitional provisions would ensure that proceedings already before the Commission or courts are not disrupted.

Evidence review

Other amendments and financial impact

Schedule 2 would amend the Independent Contractors Act 2006, and Schedule 3 would amend the Fair Work (Registered Organisations) Act 2009 — including amending reporting timeframes for the Administrator of the Construction and General Division of the CFMEU. The bill would also entitle members of the Road Transport Advisory Group to travel allowance (a minor cost impact on the Commission) and make minor amendments to ministerial membership of the National Construction Industry Forum.

The EM states there is no additional funding provided. It says the efficiency measures would have a 'minor positive impact' on the Commission, balanced against the cost of RTAG travel allowances. NCIF travel allowances would not substantially change expenditure.

Evidence review

Parliamentary status

The bill is a private senator's bill introduced by Senator Jane Hume (Liberal, Victoria). It was introduced in the Senate and read a first time on 24 June 2026, with the second reading moved the same day. As a private senator's bill from the Opposition, its prospects depend on crossbench support. As of 10 August 2026 the bill is before the Senate and has not been debated; no committee referral has been recorded.

If passed, the amendments would commence the day after Royal Assent, with the FWC empowered to issue practice directions to give effect to the new procedural powers.

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