Over the past 5 years, general protections dismissal-related applications increased by 27%. In November 2025 alone, there were 967 applications, amounting to a 75% increase.

While unfair dismissals are still the most common type of lodgment to the Fair Work Commission (FWC), general protection applications have grown at a faster rate. Only half of these applications meet the qualifying period of 21 days for an unfair dismissal application.

FWC President, Justice Hatcher, has observed that general protections claims are being used as a substitute for unfair dismissal applications. This, combined with uncapped compensation available in general protections applications, appear to be the drivers behind the rise in lodgments.

The FWC has responded by:

1. Modifying its application form to have requests for permission to have legal representation resolved prior to the conference.
2. Stipulating that applications lodged outside the 21-day time-limit must be resolved without a hearing and before the form is served on the employer.
3. Requiring applicants to describe the alleged contraventions of the general protections instead of ticking a box.
4. Requiring employers to identify and explain any objection in their response.

The FWC is also considering increasing the Form F8A response time for small business employers beyond 7 days.

Meanwhile, following a successful trial, the Federal Court is making permanent a national general protections list that enables court registrars to undertake the initial case management of general protections claims before referral to a docket judge. Registrars can refer claims for mediation, or to the Federal Circuit and Family Court. They will seek to resolve interlocutory or procedural matters before allocation to a judge.

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