Employment law update: New National General Protections List

A pilot program for a new National General Protections List in the Federal Court of Australia will begin on 1 September 2024 and run for eight months.

What are general protections proceedings?

General protections laws protect rights at work. They protect individuals in the workplace, including protecting them from adverse action being taken against them for engaging in a workplace right.

General protections proceedings are proceedings filed under the general protections provisions of Chapter 3 Part 3-1 of the Fair Work Act 2009 (Cth).

Purpose of the new list

The purpose of the new list is to allow initial case management of general protections proceedings to be generally undertaken by Registrars of the Court. The commencement of the new list follows the success of the Adverse Action List before Registrars in the Victorian Registry since 2019.

This will promote consistency and efficiency in case management, ensure that proceedings are heard in the appropriate Court, ensure that the resources of the Court are targeted towards the most appropriate proceedings (in relation to mediation) and ensure early and appropriate case management and timetabling of interlocutory or procedural matters before the proceeding is allocated to a Docket Judge.

How will the list work?

From 1 September 2024, any proceedings filed using forms 79, 80 or 81 will be listed in the new list (although a Registrar may determine the proceeding is referred to a Docket Judge instead). Once accepted for filing, the Registry will list new proceedings for a first case management hearing within 4 – 6 weeks.

The list will then be conducted virtually by a Registrar on Friday each week, with the first list taking place on 4 October 2024. Parties will be able to provide proposed consent orders in advance of the list for the Registrar’s consideration.

Following this initial case management, the proceedings will then be allocated to a Docket Judge. However, if the proceedings are referred to mediation with a Registrar, they will not be allocated to a Docket Judge until after the mediation has occurred.

What happens after the pilot program?

The pilot program is scheduled to run for 8 months from 1 September 2024. The Court will monitor the pilot program during that period, including consulting with relevant professional groups, and provide updates on the program in due course.

This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Tagged as:

• employment law
• litigation