Fair Work Act 2009 – What Has Changed in 2026 and What Is Still to Come?

By MYUNION – Employment & Human Rights Advocates

The Fair Work Act 2009 (Cth) continues to evolve as the Australian workplace relations system responds to changing employment practices, industrial relations policy and recommendations arising from recent legislative reviews.

Many workers and employers have been asking whether there are any significant Fair Work amendments still scheduled to commence during 2026.

The short answer is no.

As at 29 July 2026, the major reforms introduced under the Federal Government's Closing Loopholes legislative package have now commenced. There are currently no substantial enacted amendments awaiting automatic commencement later in 2026. Instead, the focus has shifted to implementing the reforms already in force while Parliament considers the next round of workplace relations changes.

That does not mean nothing has changed.

In fact, 2026 has introduced several important procedural reforms that employment advocates, employers and employees should understand.

Fair Work Act 2009 – What Has Changed in 2026 and What Is Still to Come?

The Building Cooperative Workplaces Reforms

One of the most significant developments this year was the commencement of the Building Cooperative Workplaces reforms on 7 July 2026.

Unlike some previous workplace reforms that created entirely new employee rights, these amendments are largely directed towards improving the operation of Australia's workplace relations system.

While they may not attract the same media attention as the Closing Loopholes reforms, they are likely to have a significant practical impact on how workplace disputes are conducted before the Fair Work Commission.

More Efficient Fair Work Commission Procedures

One of the primary objectives of the reforms is to improve the efficiency of Fair Work Commission proceedings.

Historically, parties could spend months arguing over preliminary jurisdictional issues before a matter even reached its substantive merits.

The new legislation gives the Commission greater procedural flexibility to:

• determine jurisdictional objections more efficiently;

• resolve preliminary issues earlier in proceedings;

• decide appropriate matters "on the papers" without requiring unnecessary hearings;

• improve overall case management; and

• deal with General Protections and Unlawful Termination applications more efficiently where appropriate.

For employees this has the potential to reduce delays and unnecessary legal costs.

For employers it provides greater certainty and earlier resolution of procedural disputes.

For advocates appearing regularly before the Commission, these changes are likely to be among the most practically significant reforms introduced this year.

Rather than spending months litigating technical jurisdictional arguments before addressing the real issues in dispute, the Commission now has broader powers to move matters forward where appropriate.

Changes Affecting Road Transport Contractors

Another important aspect of the reforms relates to Australia's regulated road transport industry.

The amendments refine several aspects of the contractor jurisdiction established under the Fair Work Act, including:

• adjustments to contractor high income thresholds;

• clarification of the regulated road transport jurisdiction;

• improvements to contractual chain order provisions; and

• technical amendments designed to improve the operation of contractor protections.

These reforms primarily affect owner-drivers, transport contractors and businesses operating within regulated contractual supply chains.

Although relatively specialised, they represent another step in the Government's continuing expansion of protections for certain categories of independent contractors.

Supported Bargaining and Industrial Relations

The reforms also introduce technical amendments relating to collective bargaining.

These include changes affecting:

• supported bargaining;

• intractable bargaining workplace determinations; and

• the operation of registered organisations.

While these amendments are unlikely to affect individual unfair dismissal or General Protections applications directly, they remain important developments within Australia's broader workplace relations framework.

Annual Fair Work Changes from 1 July 2026

Separate from legislative amendments, several important annual adjustments took effect from 1 July 2026.

These monetary thresholds are reviewed each year and have practical consequences for both employers and employees.

Item	New Amount
Fair Work application fee	$92.70
High Income Threshold	$190,100
Maximum Unfair Dismissal Compensation	$95,050
Contractor High Income Threshold	$190,100

These figures influence several important areas of workplace law, including:

• eligibility for unfair dismissal applications;

• contractor applications;

• compensation calculations;

• filing fees; and

• various jurisdictional thresholds throughout the Fair Work Act.

Employees considering lodging claims should always ensure they are relying upon the current thresholds applicable at the time their application is filed.

Proposed Changes That Are Not Yet Law

Although there are currently no further enacted amendments scheduled to commence during 2026, several significant proposals remain under consideration.

It is important to distinguish between Government policy announcements and actual legislative amendments.

Until legislation passes Parliament and commences, these proposals do not change existing legal rights.

Employer Lockout Reforms

One proposal currently receiving considerable attention concerns employer lockouts during protected industrial action.

The Federal Government has announced its intention to introduce amendments allowing unions or affected employees to seek Fair Work Commission intervention where an employer's lockout is considered disproportionate.

The proposal follows several high-profile enterprise bargaining disputes involving lengthy employer lockouts.

At the time of writing, these amendments have not been enacted.

Specialist Fair Work Court

The Government has also announced its intention to establish a specialist federal Fair Work Court.

The proposal aims to provide a dedicated judicial forum for workplace relations litigation, potentially improving consistency and efficiency in employment law matters.

While the proposal has attracted considerable discussion throughout the employment law community, it remains Government policy rather than operative law.

Expansion of Employee-Like Worker Protections

Another area likely to receive future legislative attention concerns so-called employee-like workers.

Following the statutory review of the Closing Loopholes reforms, recommendations have been made to expand protections beyond the categories currently covered.

Among those identified for possible future protection are vulnerable contractors working in industries such as:

• creative arts;

• journalism;

• writing;

• digital content creation; and

• other forms of dependent contracting.

Whether these recommendations ultimately become law will depend upon future legislative priorities.

What Do These Changes Mean for Employees?

From a practical perspective, employees are likely to notice several improvements over the coming months.

These include:

• more efficient Fair Work Commission case management;

• earlier determination of jurisdictional objections;

• greater use of "on the papers" procedures where appropriate;

• more streamlined handling of General Protections applications;

• updated eligibility thresholds for unfair dismissal claims; and

• revised compensation limits.

While these procedural reforms may appear technical, they have the potential to significantly reduce delays experienced by parties navigating workplace disputes.

MYUNION's Perspective

At MYUNION, we welcome reforms that improve access to justice while reducing unnecessary procedural complexity.

Many workplace disputes become prolonged not because the underlying issues are particularly complicated, but because parties spend months arguing over technical jurisdictional matters before the substance of the dispute is ever considered.

Anything that enables the Fair Work Commission to deal with matters more efficiently—while maintaining procedural fairness—is likely to benefit employees seeking timely resolution of workplace disputes.

That said, legislative reform is an ongoing process.

Employment law continues to evolve rapidly, and workers should remain informed about both current rights and future developments.

Looking Ahead

Looking beyond 2026, the areas most likely to see further legislative reform include:

• restrictions on employer lockouts during protected industrial action;

• establishment of a specialist Fair Work Court;

• expansion of protections for employee-like workers and vulnerable contractors;

• further amendments arising from the Government's statutory review of the Closing Loopholes legislation; and

• additional procedural reforms designed to improve the operation of the Fair Work Commission.

As these proposals develop, MYUNION will continue to monitor the legislation and provide practical guidance on what the changes mean for Australian workers.

Need Assistance?

Whether you have been dismissed from your employment, subjected to adverse action, workplace bullying, discrimination, sexual harassment, or are simply unsure of your workplace rights, MYUNION's Employment and Human Rights Advocates are here to help.

We regularly represent members before the:

• Fair Work Commission;

• Australian Human Rights Commission;

• State Industrial Relations Commissions;

• Human Rights Tribunals; and

• other workplace and administrative review bodies throughout Australia.

If you require assistance, contact MYUNION today.

Website: www.myunion.auEmail: gethelp@myunion.auPhone: 1300 MYUNION

Disclaimer: MYUNION provides professional employment and human rights advocacy services. We are not a law firm and do not provide legal services.