What the re-established NSW Industrial Court means for federal workplace lawyers

The return of the Industrial Court of New South Wales is reshaping how workplace disputes can be pursued, particularly for practitioners accustomed to operating solely in the federal jurisdiction. Barrister Adam Guy says the court’s expanded powers are already changing the strategy behind underpayment, workplace bullying and work health and safety matters.

Speaking on the court’s re-establishment following the NSW Labor Government’s 2023 reforms, Adam Guy, Barrister, HB Higgins Chambers, outlined how the Industrial Court now operates as an eligible state court for certain Fair Work Act matters, including underpayment claims, breaches of enterprise agreements and disputes involving awards and minimum wage obligations. Guy said the court had initially attracted strong interest from unions and employee advocates because of its specialist case management approach, compulsory conciliations before Industrial Commission members and comparatively quicker timelines. He noted the court’s strict compliance procedures and in-person conciliations in Parramatta were encouraging earlier settlements and sharper case preparation.

Guy also highlighted the expansion of the court’s anti-bullying and sexual harassment jurisdictions, particularly for public sector and local government workers. The new bullying jurisdiction allows for compensation orders of up to $100,000 alongside stop bullying orders, workplace policy reforms and mandated apologies. He said the changes create what is likely “the most powerful anti-bullying legislation anywhere in the Commonwealth”, while the streamlined sexual harassment pathway offers a direct alternative to lengthy anti-discrimination complaint processes. Guy said practitioners should also closely watch new work health and safety provisions allowing unions to pursue prosecutions and broader workplace disputes through the commission, describing the reforms as a significant shift in the state industrial landscape.

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