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


  • 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

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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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NPA Judges

National Coordinating Judges

  • Bromberg J
  • White J
  • Rangiah J
NPA Judges

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