Member clubs are advised that the Senate has passed the Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Bill 2026.
The Federal Government introduced the Bill into Parliament on 3 June 2026, as per Circular 26-295.
Reason For the Changes
The reason for the changes to the Fair Work Act are in response to the Fair Work Commission (Commission) being inundated with claims by individuals and paid agents that have been created by AI. The changes aim to reduce the Commission's workload and enable it to allocate its time and resources more efficiently, as well as respond to challenges presented by the increase of AI and paid agents driving applications.
The changes are generally positive for clubs and are expected to help reduce some of the burden in managing unmeritorious claims.
Key Changes
The following are the key changes relevant to clubs:
| Change | Practical Impact |
| General protections Jurisdictional objections | General protections claims will proceed to conciliation even where a jurisdictional objection is raised. This removes the previous requirement for the Commission to arbitrate jurisdictional objections before the matter can proceed to conciliation. However, clubs can no longer pursue early termination of a claim on jurisdictional grounds, as any such objections will now be determined by the court, if the matter proceeds. |
| Frivolous or vexatious litigants | If a claim was dismissed as frivolous, vexatious or having no reasonable prospects of success, clubs will be able to apply to the Full Bench to restrict that person from filing further applications without the President's approval. This will be a useful tool against repeat or AI-generated claims. |
| Matters determined on the papers | The Commission will be able to resolve straightforward unfair dismissal, unfair termination and unfair deactivation matters on the papers without a hearing, but only where both parties agree. Clubs should consider carefully whether this would suit their circumstances before agreeing. |
| Supported bargaining authorisations | Where a supported bargaining authorisation to a proposed multi - enterprise agreement was made less than two years ago, bargaining may recommence under that existing authorisation without requiring a new one, reducing time and cost for all parties. |
If you have any questions, please contact the Workplace Relations Team by calling ClubAssist on 1300 730 001 or by emailing [email protected].
This document has been prepared for the benefit of members and partners of ClubsNSW, and is intended for general information only and does not constitute legal or other professional advice. You should consider your own individual circumstances and obtain your own independent advice before acting on this document. All copyright subsisting in this document is owned by, or licensed to, ClubsNSW or its contributors. Except for authorised use by members and partners of ClubsNSW in their own organisations, this document must not be reproduced, communicated, or otherwise disclosed in any form by any means without the prior written consent of ClubsNSW. If you are unsure about your rights, please contact ClubASSIST on 1300 730 001. © ClubsNSW or its contributors 2026
