At the HR Breakfast Club event on Friday 17 October 2025, BAL Director Bill Pardy and Special Counsel Ash Borg conducted an informal discussion in relation to the presentations they attended at the ALERA National Conference in Brisbane on 10 and 11 October 2025.
The change in presentation was necessitated by our original presenter (SRC Act Review Chair) Justine Ross being unable to attend.
The subjects covered related to practical approaches to dispute resolution in the Fair Work Commission (FWC) jurisdiction, as suggested by Commissioner Durham, as well as an exploration of the FWC’s current position in terms of workload and philosophical approach to dispute resolution, based on a presentation by FWC President Justice Hatcher.
There was consideration of the data showing the increasing number of unfair dismissal and general protections disputes presently being managed by the FWC. The practical advice provided by Commissioner Durham to parties was outlined and discussed, noting the interests of all parties in there being multiple opportunities for dispute resolution through the FWC’s dispute management pathways, before matters ultimately proceed (if necessary) to a contested hearing.
In relation to the President’s comments about the FWC’s workload and approach to dispute resolution, the President highlighted the alternative arrangements under consideration within the FWC which aim to manage the influx of general protections disputes. In particular, the President noted a concern about the volume of general protections applications which, despite not being resolved at conciliation in the FWC, were ultimately not the subject of court proceedings. Approximately 80% of general protections matters that did not resolve in the FWC did not go on to be filed in court.
The broader reasons which could be contributing to that statistic were discussed, including the potential influence of the costs of accessing justice for claimants in those circumstances, having regard to the need to commit significant sums to commencing formal litigation in court.
There was also an interesting insight provided by the President in relation to the way the FWC intends to use artificial intelligence (AI) to help streamline its functions and workload, particularly in assessing initial applications, allocating matters and carrying out other administrative tasks.
Towards the end of our breakfast chat, there was also a discussion surrounding a presentation given to the ALERA National Conference by the Commonwealth Race Discrimination Commissioner, Mr Sivaraman.
His presentation highlighted the difficulties in addressing structural racism and argued that racism as a problem within Australian society warrants elevation of the response to addressing racism in the workplace.
The Race Discrimination Commissioner pointed to the positive duty to combat and eliminate sex discrimination and sexual harassment within Australian workplaces. His cogent and compelling argument was that the evils of racism should also be met with a similar positive duty on persons conducting a business or undertaking, to address, and eliminate, racism from Australian workplaces.
At the conclusion of the event, attendees were reminded that our final HR Breakfast Club event for 2025 will be held on 21 November 2025.
The presentation in November will summarise the key developments of 2025 in the employment law space and will canvass expected critical developments in 2026. If you have attended our HR Breakfast Club events during 2025, please join us for this final event for the year as we approach end-of-year festivities.
If you are an HR professional and would like to attend our future HR Breakfast Club forums, please visit our monthly forum page and register to attend.
If you have any questions or queries about the information in this summary, or if you are experiencing any issues and need advice, please contact the award-winning BAL Lawyers Employment & Investigations team on 02 6274 0999.