The Fair Work Amendment Act 2012 (Cth) makes changes to the Fair Work Act 2009 (Cth) effective from 1 January 2013. Fair Work Australia is now called the Fair Work Commission (“the Commission”). The Commission is granted further powers. There are also changes regarding unfair dismissals, general protections and enterprise agreements.

Employees who have been unfairly dismissed on or after 1 January 2013 will have 21 days from the date of dismissal to lodge either an unfair dismissal or a general protections application arising from termination.

The Commission has the power to dismiss unfair dismissal applications and make cost orders against parties, lawyers and paid agents in unfair dismissal cases, in cases where one party acted unreasonably or failed to act reasonably.