Hume's bill would speed up the Fair Work Commission
Senator Jane Hume is a Liberal senator. Her bill copies most of a government workplace bill. But it leaves out the part that lets the government favour businesses with workplace pay deals. The government's version has since become law.
Official name: Workplace Relations Legislation Amendment (Clearing the Fair Work Commission Backlog) Bill 2026
- This private bill from Senator Jane Hume would give the Fair Work Commission faster ways to handle sacking fights and weak claims.
- It matches the government's Building Cooperative Workplaces bill. But it has no rule letting the government prefer bosses with workplace pay deals.
- It would also set a separate income limit for truck owner-drivers. It would give the person running the building union more time to hand in money reports.
- The government's bill, with the contract rule, became law on 6 July 2026. Senator Hume's bill is still listed in the Senate.
Who it affects
- Workers who say they were sacked unfairly or against the law: Their case could go straight to a private meeting. There would be no first fight over whether they were really sacked.
- People who keep lodging claims with no basis: A panel of the Commission could ban them from making more claims of that kind without permission.
- Owner-drivers in road transport: A separate income limit would decide whether they can bring claims about unfair contracts or contracts ending.
- Businesses that bid for government work: Under this bill, nothing would change for them. The government's version, which became law, lets it prefer firms with workplace pay deals.
AI claims swamp workplace umpire
The Fair Work Commission is the national workplace umpire. It hears claims about unfair sacking. It sets the lowest pay rates. It watches over bargaining between bosses and staff.
Its workload has grown fast. The Commission has linked much of this to people using AI tools to write claims. These are computer programs that can write text for you.
On 3 June 2026, the government brought in the Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Bill 2026. It had steps to speed up the Commission.
It also let the federal government prefer some bosses when it hands out contracts and grants. These are bosses with an enterprise agreement. That is a deal on pay and conditions made between a boss and their staff. Business groups strongly opposed that part.
On 24 June 2026, Senator Jane Hume brought this bill to the Senate. Her notes on the bill follow the government's bill almost word for word. The part about favouring bosses with enterprise agreements is missing.
Sacking disputes go straight ahead
Some claims are about being sacked for a reason the law bans, such as joining a union. Both kinds of these claims start with a private meeting at the Commission to try to settle.
A 2020 Federal Court case was Coles Supply Chain v Milford. The Federal Court is a national court. It meant the Commission first had to rule on whether a person was really sacked. Only then could it hold that meeting. This happens whenever the boss says the person was not sacked.
Part 5 would undo this. You would only need to say you were sacked to start the process. The Commission could move straight to a private meeting to help both sides agree. This is called conciliation.
The 21-day deadline would run from the date the sacking is said to have taken effect.
Say a worker says she was forced out, and her boss says she quit. Under this bill, they could try to settle first. They would not wait for a ruling on that point.
Staff sign-offs and paper decisions
Sometimes a meeting fails to settle a case. Then the Commission gives out a paper so the case can go to court or to a formal hearing.
Part 6 would let the head of the Commission hand that power to staff. They would be staff at a set middle level of the public service and above. The staff member who ran the meeting could sign it off.
Part 7 would let the Commission decide some unfair sacking cases on paper alone. These are cases where the two sides disagree on the facts. Both sides would have to agree to this. The Commission would have to think it can decide fairly that way.
The same would apply to gig workers cut off from apps. Gig workers get paid jobs through apps, such as food delivery. It would also apply to owner-drivers whose contracts end.
Weak claims and repeat claimants
The Commission can already throw out some claims. These are claims that are silly, only meant to annoy, or have no fair chance of winning. Part 8 would also let it throw out such claims by gig workers and owner-drivers.
A panel of three or more Commission members could also make an order against a person whose claim was thrown out for these reasons. The order would stop them lodging some claims without permission.
The person would get a fair chance to argue against the order. Breaking it would not be a crime. But a claim lodged against the order would have no effect.
Faster restart for bargaining
Supported bargaining helps low-paid workers at several bosses bargain together. The Commission must first give its approval.
Today, once a deal is made, everyone drops out of that approval. They must apply again for the next round.
Part 9 would let a union from the last deal apply again. It could do this from three months before the deal ends to two years after. The Commission would have to approve it for the same group, or nearly the same group.
A boss whose situation has changed could ask to be left out.
Separate income limit for owner-drivers
Some contractors can bring claims about unfair contracts to the Commission. They must earn under a set top income limit for contractors.
Owner-drivers have high costs, like fuel and truck loans. These push their earnings over the limit, even when their take-home pay is low.
Part 4 and another part of the bill would create a separate limit for road transport. The government would set it in detailed rules, without a new vote. It could never be lower than the normal contractor limit.
Drivers under it could use the Commission, which costs less than court. Drivers above it could still go to court under the Independent Contractors Act, a law on contractors' rights.
CFMEU reports and small fixes
The Construction, Forestry and Maritime Employees Union is a big building union. Since 23 August 2024, an outside manager has run its construction arm.
Another part of the bill would give that manager three months after each six-month period to hand in the money report. Today it is due the next day.
Part 1 would update which ministers sit on the National Construction Industry Forum. That group gives the government advice on building industry work.
Part 3 would give members of the Road Transport Advisory Group money for travel. That group advises the government on trucking. Part 2 fixes mistakes in the wording, including double negatives put in by accident.
Waiting in the Senate
Most changes would start the day after the bill is signed into law. The Governor-General, the King's representative, signs bills into law. The changes would cover claims made after that.
Senator Hume brought the bill on 24 June 2026. That day she also started the debate on its main idea. It has not been debated since.
The government's version passed Parliament on 30 June 2026. It was signed into law on 6 July 2026. It includes the steps in this bill. It also has the rule on favouring bosses with enterprise agreements.
To become law, this bill would still need to pass both houses.
Its journey through Parliament
| 24 Jun 2026 | Senate: Introduced and read a first time |
| 24 Jun 2026 | Senate: Second reading moved |