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


  • 29 May 2020: Australian Building and Construction Commissioner v Molina [2020] FCAFC 97
    INDUSTRIAL LAW - appeal from decision of primary judge dismissing application for declarations that respondents contravened s 346(b) and s 348 of the Fair Work Act 2009 (Cth) - whether primary judge erred in approach to construction of s 346 - whether threat of adverse of action - consideration of when a threat to take action will be adverse…
    Judge: Bromberg, Colvin and Abraham JJ
  • 28 May 2020: Lamont v University of Queensland (No 2) [2020] FCA 720
    INDUSTRIAL LAW - employment - whether adverse action taken by respondents within s 342(1) of the Fair Work Act 2009 (Cth) (FWA) - whether adverse action taken against applicant because applicant exercised workplace rights in contravention of s 340(1) of the FWA - whether University liable under s 793 of the FWA for adverse action engaged in by…
    Judge: Rangiah J
  • 26 May 2020: Hewett v Comcare (No 2) [2020] FCA 703
    PRACTICE AND PROCEDURE - judgment and orders - determination on orders to give effect to published reasons - identification of orders that should be made in consequence of partially successful appeal - remittal of some matters for rehearing before the Administrative Appeals Tribunal - limited remittal COSTS - separate issues raised on appeal -…
    Judge: Snaden 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:
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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