PRIVATE MEMBERS' BUSINESS

Ms FERNANDO (Holt) (11:38): The Albanese Labor government has committed to establishing a new specialist Fair Work Court. This reform is very simple. It's making sure workers and employers can resolve workplace disputes quickly, fairly and without unnecessary cost.

Before entering parliament, I worked as a union organiser at the SDA. I saw workers who knew they had been underpaid and treated unfairly but could not afford to pursue their claims. I saw cases that did not go ahead because the cost of taking them further was greater than the money the worker was trying to recover.

That experience has stayed with me, because a worker should not have to choose between pursuing justice and paying their rent, and a small business should not have to spend years navigating a complicated court process to resolve workplace disputes. That is why these reforms matter to the communities I represent across Cranbourne, Clyde, Hampton Park and Narre Warren South.

These are communities built by people who work in our warehouses, factories, construction sites, hospitals, schools, shops and restaurants—people who have made every dollar count. When someone is owed a wage, that money matters. The current system can be costly, complex and very slow.

Some workers and small businesses are spending more than two years fighting for resolutions that should be simple. The proposed Fair Work Court would provide a more streamlined pathway for workplace disputes that cannot be resolved through the current Fair Work Commission. It would draw on specialist judges with expertise in workplace relations working seamlessly with the Fair Work Commission and the Federal Court system.

For workers, that means a more accessible pathway to justice. For employers, particularly small business, it means a simpler process for resolving disputes without unnecessary litigation. The need for that reform is clear.

In the Federal Circuit and Family Court, fair work filings rose by 68 per cent from 2022 to 2025. In the Federal Court, filings rose by 38 per cent in the same period. At the same time, the Fair Work Commission is experiencing historically high lodgements, especially dismissal related claims.

These figures show the system is under pressure. Our government has already started responding to this pressure through the Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Act 2026. We have made changes to improve the Fair Work Commission's processes, by allowing certain matters to be heard on the papers and limiting the impact of baseless cases.

These reforms were about making the commission more effective. But we are also recognising that some matters need to go beyond the commission. That is where the proposed Fair Work Court comes in.

A specialist fair work court would help create a clearer, more efficient pathway for these matters. The Howard government abolished the last Industrial Relations Court in 1997. Now, almost three decades later, Labor is moving to restore a specialist court for industrial relations matters.

This is important, because we have always said that our industrial relations system is only meaningful if people can enforce their rights. That system only works if it is also understood that the majority of businesses want to do the right thing. Businesses want clear rules, certainty and a system that works.

Labor understands that a fair industrial relations system is one that gives both sides a fair opportunity to resolve disputes. This reform is about delivering that system. It is about recognising that our industrial relations system must keep pace with the modern economy.

That is Labor's way, and that is what we will continue to deliver for working Australians. I want to thank the Attorney-General, Michelle Rowland, and the Minister for Employment and Workplace Relations, Amanda Rishworth, on their work establishing this new court, and I look forward as consultation continues over this year.