Key Workplace Trends Insight

The Fair Work Commission (FWC) has produced its Annual statement which summarises the major trends in matters before it for the last financial year. We believe sharing this information is valuable to our clients and referrers, as it provides insights into recent developments and patterns within the workplace relations landscape. The summary is below:

1. FWC received over 40,000 applications which represented a 27% increase from the previous year.
2. 82% of matters were finalised within eight weeks of lodgement of claim and 96% of all matters within 16 weeks of lodgement of claim.
3. 14,772 unfair dismissal claims were lodged which represented 37% of total lodgements.
4. 5477 general protections involving dismissal claims were lodged which represented 14% of lodgements.
5. This means that general protections claims now account for one in three of such applications.
6. There were 987 applications about workplace bullying and sexual harassment.
7. 4790 enterprise agreements were approved. 90% of these were approved within six weeks.
8. FWC has heard several major cases and has been required to adopt to legislative changes:

a. 2023–24 Annual Wage Review;

b. Finalisation of the aged care industry work value case;

c. Determination of the early childhood education and care industry supported bargaining authorisation application;

d. Establishment of a standard workplace delegates’ rights award term; and

e. Modern Awards Review 2023–24.

9. Future procedural changes that the FWC will deal with as a result of legislative changes include:

a. regulated labour hire arrangement jurisdiction;

b. Right to disconnect;

c. standards for regulated workers;

d. disputes relating to unfair deactivation, unfair termination and unfair contracts;

e. changes to casual employment and related disputes.

The annual statement confirms our experience that the number of claims that employees are making are increasing and that general protections claims in particular, are becoming more popular than ever.

We hope you find these insights from the Fair Work Commission’s Annual Statement both informative and beneficial. Staying updated on these trends can support proactive and informed decision-making in workplace matters.

If you have any questions or would like further clarification on how these trends may impact your organisation, please contact our Employment Team on (02) 4927 2900.