Employment & Industrial Relations
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 and Family Court of Australia, other Courts or the Fair Work Commission.
Latest Judgments
- 5 Dec 2022:
Stolz v Registered Clubs Association of New South Wales [2022] FCA 1451
COSTS - application and cross-application for costs in a proceeding in which s 570 of the Fair Work Act 2009 (Cth) applies - whether either party engaged in an unreasonable act or omission that caused the other party to incur costs - unreasonableness not established - application and cross-application dismissed
Judge: Goodman J - 30 Nov 2022:
Bradshaw v BSA Limited (No 2) [2022] FCA 1440
REPRESENTATIVE PROCEEDINGS - application for approval of settlement of representative proceeding - s 33V of Federal Court of Australia Act 1976 (Cth) - principles relevant to settlement approval - whether proposed settlement fair and reasonable - whether common fund order should be made and in what terms - relevant principles - whether certain…
Judge: Bromberg J - 24 Nov 2022:
Bellou v Victoria University (No 5) [2022] FCA 1408
PRACTICE AND PROCEDURE - interlocutory application to vacate pending trial - where applicant relies on medical incapacity - whether medical evidence sufficient to demonstrate incapacity to prosecute proceeding - where multiple trial dates previously vacated - orders made
Judge: Snaden J
Practice Notes
- Central Practice Note (CPN-1)
- Employment and Industrial Relations Practice Note (E&IR-1)
Form & Rules
The key forms and rules for commencing proceedings are:
- Commencing an originating application alleging dismissal in contravention of a general protection proceeding:
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- 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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Legislation
- Federal Court Act 1976 (Cth)
- Fair Work Act 2009 (Cth)
- Fair Work (Registered Organisations) Act 2009 (Cth)
- Judiciary Act 1903 (Cth)
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