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
- 23 Jul 2021:
Ashby v Commonwealth of Australia (No 2) [2021] FCA 830
PRACTICE AND PROCEDURE - application for summary judgment - where balance of applicant's proceeding relied on the finding of adverse action within the meaning of s 342(1) of the Fair Work Act 2009 (Cth) - whether decision to refuse to grant an act of grace payment under s 65(1) of the Public Governance, Performance and Accountability Act 2013…
Judge: Bromwich J - 23 Jul 2021:
Friend v Comcare [2021] FCA 837
WORKERS' COMPENSATION - statutory interpretation - whether payment to settle claim constituted 'damages' or a 'recovery of damages' within the meaning of s 48(1)(a) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRCA) - where Comcare had accepted the employee's claim for compensation in respect of physical and mental injuries…
Judge: Rares J - 15 Jul 2021:
Australian Municipal, Administrative, Clerical and Services Union v Hobsons Bay City Council [2021] FCA 806
PRACTICE AND PROCEDURE - application for stay of a proceeding pending determination of Fair Work Commission application - application pursuant to s 217 of the Fair Work Act 2009 (Cth) to vary enterprise agreement to remove ambiguity - whether discretion of Court to grant stay should be exercised - application granted
Judge: Anastassiou J
Latest Speeches & Papers
- 3 Dec 2020:
Conversation on current issues in the practice of Employment and Industrial Law
Video recording of the webinar presented online on 3 December 2020.
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:
| Forms: |
|
| Rules: |
|
- Commencing application for a writ of mandamus, prohibition or injunction under section 39B of the Judiciary Act 1903 (Cth) must file:
| Forms: |
|
| Rules: |
|
Legislation
- Federal Court Act 1976 (Cth)
- Fair Work Act 2009 (Cth)
- Fair Work (Registered Organisations) Act 2009 (Cth)
- Judiciary Act 1903 (Cth)
Subscribe
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
