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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


  • 1 Jul 2022: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The 250 East Terrace Case) [2022] FCA 760
    INDUSTRIAL LAW - determination of appropriate pecuniary penalties pursuant to s 546 of the Fair Work Act 2009 (Cth) for contraventions of s 47(1) of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (BCIIP Act) - where a commercial dispute arose between the head contractor on a project at 250 East Terrace, Adelaide SA…
    Judge: O'Sullivan J
  • 30 Jun 2022: Yu v ACT Education Directorate [2022] FCAFC 110
    INDUSTRIAL LAW - adverse action - whether employee exercising a workplace right under s 343(1)(a) of the Fair Work Act 2009 (Cth) - where employee claimed to have been exercising her right to take reasonable care of her own health and safety under s 44 of the Work Health and Safety Act 2011 (ACT) when refusing the directions of her employer to…
    Judge: Thomas, SC Derrington and Halley JJ
  • 29 Jun 2022: Wilkinson v Wilson Security Pty Ltd [2022] FCA 756
    REPRESENTATIVE PROCEEDINGS - application for orders under s 33N(1)(d) of the Federal Court of Australia Act 1976 (Cth) for the proceeding to no longer continue as a representative proceeding - where proceeding concerns claims under s 545 of the Fair Work Act 2009 (Cth) - where the representative applicant is unrepresented - where there exist over…
    Judge: Colvin J

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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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