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

  • 20 Jan 2021: Community and Public Sector Union, NSW Branch v Northcott Supported Living Limited [2021] FCA 8
    INDUSTRIAL LAW -- where employees formerly employed by one company as "team leaders" now employed by another, related, company, as "service coordinators", whether a "transfer of business" occurred within s 311 of Fair Work Act 2009 (Cth) -- whether work performed for new employer is "the same or substantially the same as the work the employee[s]…
    Judge: Katzmann J
  • 24 Dec 2020: Bywater v Appco Group Australia Pty Ltd [2020] FCA 1877
    REPRESENTATIVE PROCEEDINGS - settlement approval application pursuant to s 33V of Federal Court of Australia Act 1976 (Cth) - where respondent restructured business - investigations ordered into the financial position of the respondent including whether restructure is an attempt to defeat judgment or is a voidable or uncommercial transaction -…
    Judge: Lee J
  • 23 Dec 2020: Nevro Medical Pty Ltd v McKelvie (No 2) [2020] FCA 1876
    PRACTICE AND PROCEDURE - application by respondent to set aside subpoenas issued to non-parties at applicant's request - application dismissed
    Judge: O'Callaghan 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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