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 Jun 2017:
Australian Building and Construction Commissioner v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia  FCA 704
INDUSTRIAL LAW - whether threats made with the intent of coercing entry into an enterprise agreement - whether contravention of s 343(1) of the Fair Work Act 2009 (Cth)
Judge: O'Callaghan J
- 21 Jun 2017:
Berry v State of South Australia  FCA 702
HUMAN RIGHTS - disability discrimination -- disability necessitating absences from workplace in excess of leave entitlements -- discretionary leave without pay -- whether employer unlawfully discriminated against employee in the administration of discretionary unpaid leave. PRACTICE AND PROCEDURE - application for declaratory relief by consent -…
Judge: Charlesworth J
- 7 Jun 2017:
Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd (No 4)  FCA 580
INDUSTRIAL LAW - penalties and declaratory relief - breach of multiple provisions of the Fair Work Act 2009 (Cth) including div 6 (sham contracting provisions) - grouping of contraventions - whether there was a single course of conduct - assessment of penalties -relevant considerations
Judge: Gilmour J
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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