ARTICLE · 08 JUNE 2026

Bill Proposes Changes To Australia’s Fair Work Commission Procedure And General Protections Provisions

Littler Mendelson

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On June 3, 2026, the Australian Government introduced into Federal Parliament the Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Bill 2026 (Bill).

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Michael Whitbread

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On June 3, 2026, the Australian Government introduced into Federal Parliament the Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Bill 2026 (Bill). If passed, the Bill will amend Australia’s Fair Work Act 2009 (FW Act), the Independent Contractors Act 2006, and the Fair Work (Registered Organisations) Act 2009 (FWRO Act).

Among the proposed changes, the Bill seeks to implement certain changes to the dismissal and unlawful termination provisions of the FW Act so that the Fair Work Commission (Commission) could begin dealing with a dispute based on an alleged dismissal or termination, without first determining whether a dismissal or termination in fact occurred. The proposed amendments appear to respond to the Full Federal Court case of Coles Supply Chain Pty Ltd v Milford [2020] FCAFC 152 where the Commission considered this issue.

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