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

  • 22 Feb 2019: Whitby v ZG Operations Australia Pty Ltd (No 2) [2019] FCA 201
    COSTS - application for costs under ss 570(2)(a) and (b) of the Fair Work Act 2009 (Cth) - whether applicants' refusal of, or failure to accept, respondents' "Calderbank offer" was an unreasonable act or omission - whether applicants instituted proceedings against third respondent without reasonable cause - whether third respondent should be…
    Judge: Thawley J
  • 20 Feb 2019: Construction, Forestry, Maritime, Mining and Energy Union v One Key Workforce Pty Ltd [2019] FCA 153
    PRACTICE AND PROCEDURE - where declaration made that enterprise agreement is void and of no effect - where monies ordered to be held on trust pending outcome of appeal - where orders provided that monies to be distributed to Union members with an interest in the trust monies if the appeal were dismissed or discontinued - where appeal to Full Court …
    Judge: Flick J
  • 19 Feb 2019: Milam v University of Melbourne [2019] FCA 171
    INDUSTRIAL LAW - investigation into the Applicant - whether investigation in compliance with Enterprise Agreement - whether s 50 of the Fair Work Act 2009 (Cth) applies - whether conduct misconduct or serious misconduct - injunction granted
    Judge: Anastassiou 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:
  • Form 79 - Originating application under the Fair Work Act alleging dismissal in contravention of a general protection
  • Commencing application for a writ of mandamus, prohibition or injunction under section 39B of the Judiciary Act 1903 (Cth) must file:
  • Form 69 – Originating application for relief under Section 39B Judiciary Act


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