Employment & Industrial Relations NPA logo with link NPA logo with link

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
  • injunctions
  • declarations
  • prosecutions
  • matters transferred or appealed from the Federal Circuit Court, other Courts or the Fair Work Commission.

Latest Judgments


  • 21 Jun 2018: Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2018] FCA 934
    INDUSTRIAL LAW – meaning of s 557(3) of the Fair Work Act 2009 (Cth) –penalty for unlawful industrial action – no compensation under s 545(1) appropriate – conduct of employer and purpose of industrial action relevant to penalty and compensation – whether employer wants compensation relevant to whether a compensation order should be made
    Judge: Jagot J
  • 14 Jun 2018: Beauglehole v The Griffin Coal Mining Company Pty Ltd [2018] FCA 899
    INDUSTRIAL LAW - determination of a separate question - construction of clause 21.1 of the Black Coal Mining Industry Award 2010 - payment of ordinary hours and overtime in a roster cycle - where ordinary hours of work must average 35 hours per week - where hours are averaged over the roster cycle - whether the Award requires ordinary hours to be…
    Judge: Barker J
  • 14 Jun 2018: Australian Building and Construction Commissioner v Upton (The Gorgon Project Case) (No 2) [2018] FCA 897
    INDUSTRIAL LAW - where declarations made that respondents contravened sections 346(a), 348 and 500 of the Fair Work Act 2009 (Cth) - appropriate pecuniary penalties - where only one penalty imposed in respect of the three civil penalty provisions pursuant to s 556 - where the lead contravention is intent to coerce in breach of s 348 - where…
    Judge: Barker 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:
Forms:
  • Form 79 - Originating application under the Fair Work Act alleging dismissal in contravention of a general protection
Rules:
  • Commencing application for a writ of mandamus, prohibition or injunction under section 39B of the Judiciary Act 1903 (Cth) must file:
Forms:
  • Form 69 – Originating application for relief under Section 39B Judiciary Act
Rules:

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