Notice to the Profession
National General Protections List to continue permanently
17 December 2025
Following the success of a pilot program conducted between 1 September 2024 to September 2025 the Court has permanently adopted the National General Protections List (the List). The List was established to promote consistency and efficiency in the management of general protections proceedings under the Fair Work Act 2009 (Cth).
Pilot outcomes
As of 30 September 2025, 125 proceedings have been case-managed on the List. The key outcomes include:
- 70% referred to mediation, with a 62.5% settlement rate
- 44% were finalised without the need for judicial allocation
- 17.6% have been docketed to a judge following initial case management
- 10.4% have been transferred to the FCFCOA (Division 2).
Feedback from judges, registrars, and the profession on the pilot was overwhelmingly positive, including the Law Council of Australia and state law societies.
National General Protections List Practice Note
The Court is in the process of updating the National General Protections List Practice Note to reflect the permanent adoption of the List.
The List promotes the just, efficient and timely resolution of matters, consistent with the overarching purpose set out in sections 37M and 37N of the Federal Court of Australia Act 1976 (Cth) by:
- promoting consistency and efficiency in the case management of general protections proceedings;
- ensuring that general protections proceedings are heard in the appropriate court, having regard to any points of principle and the quantum of claims;
- ensuring that the court’s mediation resources are targeted towards the most appropriate proceedings; and
- ensuring early and appropriate case management and timetabling of any interlocutory or procedural matters before the proceeding is allocated to a docket judge.
Thank you for those who provided feedback on the List during the pilot period.
Further information on the Employment & Industrial Relations National Practice Area can be found here.
