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 Court, other Courts or the Fair Work Commission.
Latest Judgments
- 12 Aug 2020:
Registered Organisations Commissioner v Australian Workers' Union (No 2) [2020] FCA 1148
INDUSTRIAL LAW - admitted contraventions of ss 172 and 230 of the Fair Work (Registered Organisations) Act 2009 (Cth) and its predecessor provisions - penalties to be applied - whether conduct engaged in by or with the imprimatur of senior management - whether conduct deserving of sterner penalty than might otherwise apply - penalties increased…
Judge: Snaden J - 7 Aug 2020:
Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (MV Portland Case) (No 2) [2020] FCA 1138
INDUSTRIAL LAW - separate questions pursuant to r 30.01 of the Federal Court Rules 2011 - s 417 of the Fair Work Act 2009 (Cth) - whether ship's crew were "covered by" enterprise agreement at relevant time and were consequently disentitled to take lawful industrial action - construction of "application" clause of enterprise agreement - meaning of…
Judge: Bromberg J - 6 Aug 2020:
Findley v MSS Security Pty Ltd [2020] FCA 952
PRACTICE AND PROCEDURE - application for extension of time to seek leave to appeal from decision of Federal Circuit Court of Australia - Circuit Court dismissed application as abuse of process - 27 grounds of appeal in draft notice of appeal - no utility in appeal as claimed underpayment repaid - appellant's chance of success insufficient to…
Judge: Anastassiou J
Latest Speeches & Papers
- 31 May 2018:
What will the Australian Competition Tribunal do now without Limited Merits Review?
Presented to the Federal Court by Justice Middleton
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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