About this NPA
The Employment and Industrial Relations National Practice Area (NPA) comprises of civil and criminal matters arising under the Fair Work jurisdiction and related legislation including:
- workplace-related applications
- writs of mandamus or prohibition
- matters transferred or appealed from the Federal Circuit Court, other Courts or the Fair Work Commission.
- 23 Oct 2017:
Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Werribee Shopping Centre Case)  FCA 1235
INDUSTRIAL LAW - construction industry - admitted contraventions of the Fair Work Act 2009 (Cth) - adverse action contrary to s 346 taken by union and official by preventing an employee from performing work for reasons including that he was not a member of the union - action contrary to s 348 taken by union and an official by preventing the same…
Judge: Tracey J
- 12 Oct 2017:
Tomvald v Toll Transport Pty Ltd  FCA 1208
INDUSTRIAL LAW - nature of employment - permanent or casual employment - test to be applied when considering whether an employee is permanent or casual - whether the focus should be on the substance of employment or the terms of engagement - employee was both engaged as a casual employee and employment had the character of casual employment…
Judge: Flick J
- 11 Oct 2017:
Shop, Distributive and Allied Employees Association v The Australian Industry Group  FCAFC 161
INDUSTRIAL LAW - ss 134 and 156 of the Fair Work Act 2009 (Cth) (Fair Work Act) - four yearly review of modern awards - judicial review of decision of Full Bench of Fair Work Commission (FWC) determining that penalty rates in various modern awards were inconsistent with the modern awards objective - whether decision affected by jurisdictional…
Judge: North, Tracey, Flick, Jagot and Bromberg JJ
Form & Rules
The key forms and rules for commencing proceedings are:
- Commencing an originating application alleging dismissal in contravention of a general protection proceeding:
- Commencing application for a writ of mandamus, prohibition or injunction under section 39B of the Judiciary Act 1903 (Cth) must file:
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