FWC says it is time to 'Clean Up' GP Claims

FWC recently at the Australian Labour and Employment Relations Association national conference revealed it is facing a “massive” and “unsustainable” surge in applications—up 24% over five years, with general protections (GP) dismissal claims alone rising 27%.

Hatcher P said the increase is largely driven by applicants who don’t meet the qualifying period for unfair dismissal and are using GP claims as a workaround. He noted that four out of five GP dismissal claims don’t proceed beyond conciliation and the Federal Court’s Milford v Coles Supply Chain decision has made things worse by requiring full hearings just to determine whether a dismissal occurred.

Hatcher P described the situation as “absurd” and confirmed the FWC will roll out reforms to streamline GP dismissal matters. These include tougher claim forms, stricter gatekeeping and clearer expectations around conciliation. The aim is to reduce unmeritorious claims and free up resources for genuine disputes.

Our Take

This announcement confirms what many employers and practitioners have been experiencing firsthand: the GP dismissal jurisdiction has become a ‘backdoor’ for unfair dismissal claims and the system is buckling under the weight.

Hatcher P’s remarks were refreshingly direct. The fact that most GP claims don’t go anywhere, yet still require significant time and resources, is a clear sign that reform is overdue. FWC’s plan to tighten procedures and clarify the purpose of conciliation is a welcome move.

For employers, hopefully this means less time wasted on baseless claims and more clarity around what to expect. But it also means HR teams need to be sharper in how they respond to claims and prepare documentation. The reforms won’t eliminate risk, but they will raise the bar for what gets through the door.

Action Items:

• Stay Informed - Monitor FWC updates on GP dismissal reforms. These changes will affect how claims are filed and responded to.

• Review Internal Processes - Audit how your organisation handles dismissal disputes. Are GP claims being used where unfair dismissal doesn’t apply? Time to tighten up.

• Train HR and Legal Teams - Ensure your teams understand the difference between GP and unfair dismissal claims—and the risks of misclassification.

• Update Documentation - Prepare for more rigorous claim and response forms. Review employment contracts, termination letters and internal policies.

• Engage Early in Conciliation - Be proactive in resolving disputes. FWC is making it clear: conciliation is for settlement discussions - not mini-trials.

• Prepare for Broader Reforms - GP dismissal cases are just the start. FWC plans to review all major case types. Stay tuned.

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