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 and Family Court of Australia, other Courts or the Fair Work Commission.

Latest Judgments

  • 1 Jul 2022: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The 250 East Terrace Case) [2022] FCA 760
    INDUSTRIAL LAW - determination of appropriate pecuniary penalties pursuant to s 546 of the Fair Work Act 2009 (Cth) for contraventions of s 47(1) of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (BCIIP Act) - where a commercial dispute arose between the head contractor on a project at 250 East Terrace, Adelaide SA…
    Judge: O'Sullivan J
  • 30 Jun 2022: Yu v ACT Education Directorate [2022] FCAFC 110
    INDUSTRIAL LAW - adverse action - whether employee exercising a workplace right under s 343(1)(a) of the Fair Work Act 2009 (Cth) - where employee claimed to have been exercising her right to take reasonable care of her own health and safety under s 44 of the Work Health and Safety Act 2011 (ACT) when refusing the directions of her employer to…
    Judge: Thomas, SC Derrington and Halley JJ
  • 29 Jun 2022: Wilkinson v Wilson Security Pty Ltd [2022] FCA 756
    REPRESENTATIVE PROCEEDINGS - application for orders under s 33N(1)(d) of the Federal Court of Australia Act 1976 (Cth) for the proceeding to no longer continue as a representative proceeding - where proceeding concerns claims under s 545 of the Fair Work Act 2009 (Cth) - where the representative applicant is unrepresented - where there exist over…
    Judge: Colvin J

Latest Speeches & Papers

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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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