Overview
In 2023, the Department of Employment and Workplace Relations conducted a review of the Fair Work Act 2009 small claims procedure. The review examined how the small claims procedure could become a more effective avenue for wage redress for workers in Australia, including migrant workers. The review complements the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 amendments to the small claims procedure, which commenced on 1 July 2023.
Final report
The Review of the Fair Work Act Small Claims Procedure was published on 30 January 2025. The final report contains 12 recommendations for government.
Consultation process
The Department of Employment and Workplace Relations undertook targeted, in-confidence, consultations for its review.
Stakeholders included representatives from state and territory government, employer groups, union representatives, and other civil society groups such as community legal centres. A consultation paper was provided to stakeholders on 3 May 2023, with submissions sought by 31 May 2023.
In undertaking the review, the department was supported by an Inter-agency Consultative Committee consisting of the Attorney-General’s Department, the Fair Work Commission, the Fair Work Ombudsman, the Federal Circuit and Family Court of Australia, and the Federal Court of Australia.
Submissions
The department received 17 submissions in response to the consultation paper. The department has published submissions where stakeholders have agreed. Personal information, including contact details, has been removed.