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

  • 24 Mar 2023: Deam v Starlight Children's Foundation Australia [2023] FCA 259
    INDUSTRIAL LAW - interlocutory application seeking summary dismissal of proceedings pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) - whether s 734 of the Fair Work Act 2009 (Cth) precludes the applicant from making a general protections application to this Court in…
    Judge: Mortimer J
  • 24 Mar 2023: Jamsek v ZG Operations Australia Pty Ltd (No 3) [2023] FCAFC 48
    INDUSTRIAL LAW - High Court remittal - section 12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGA Act) - whether the primary trial judge was correct to find that the appellants did not fall within the extended definition of "employee" pursuant to s 12(3) of the SGA Act - where the primary judge was correct to find that the…
    Judge: Perram, Wigney and Anderson JJ
  • 16 Mar 2023: Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (The Bruce Highway Caloundra to Sunshine Upgrade Case) (No 3) [2023] FCA 219
    INDUSTRIAL LAW - imposition of pecuniary penalties - s 546 of the Fair Work Act 2009 (Cth) - contraventions of ss 494(1), 497 and 500 of the Fair Work Act 2009 (Cth) - principles of general and specific deterrence - where respondents' held mistaken belief regarding the right to enter the Project Side without producing entry permit - principles of…
    Judge: Collier J

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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