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.
- 16 Aug 2018:
WorkPac Pty Ltd v Skene  FCAFC 131
INDUSTRIAL LAW - National Employment Standards - entitlement to annual leave in Div 6 of Pt 2-2 of the Fair Work Act 2009 (Cth) ("FW Act") - s 86 of the FW Act which provides that Div 6 "applies to employees, other than casual employees" - meaning of casual employee in s 86 of the FW Act - whether employee's claim for annual leave excluded because …
Judge: Tracey, Bromberg and Rangiah JJ
- 14 Aug 2018:
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Bendigo Theatre Case) (No 2)  FCA 1211
INDUSTRIAL LAW - where the Federal Court had found contraventions of ss 497 and 500 of the Fair Work Act 2009 (Cth) by two officials of the Construction, Forestry, Mining and Energy Union - where the union was liable on the basis of ss 550 and 793 of the Fair Work Act 2009 (Cth) - consideration of appropriate penalties - consideration of whether a …
Judge: Tracey J
- 14 Aug 2018:
Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case)  FCAFC 126
INDUSTRIAL LAW - appeal from a judgment of the Federal Circuit Court - where the primary judge had imposed civil penalties on the Construction, Forestry, Maritime, Mining and Energy Union in the maximum amounts available for six contraventions of s 500 of the Fair Work Act 2009 (Cth) - whether the primary judge erred by failing to treat the…
Judge: Tracey, Logan and Bromwich 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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