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
- 22 Oct 2020:
Australian Rail, Tram and Bus Industry Union v Qube Logistics (Rail) Pty Ltd [2020] FCA 1520
INDUSTRIAL LAW - interpretation of enterprise agreement - continued entitlement to increases after agreement concludes - meaning of "re-negotiation" - whether meaning is commencement of negotiation with a view to reaching agreement or whether a new agreement is required to be in fact reached INDUSTRIAL LAW - interest on judgment - pecuniary…
Judge: Flick J - 22 Oct 2020:
Singh v Sydney Trains [2020] FCA 1521
INDUSTRIAL LAW - unfair dismissal - whether Fair Work Commission properly exercised its jurisdiction -whether Commission took into account whether dismissal was for a valid reason - whether Commission took into account other matters it considered relevant - whether Commission engaged with the gist of the submissions made
Judge: Flick J - 19 Oct 2020:
Pal v Commonwealth of Australia [2020] FCA 1483
INDUSTRIAL LAW - proceeding concerns review of reasons of Full Bench of Fair Work Commission - application by respondent for summary dismissal of application for judicial review - alleged lack of reasonable prospect of success Held: application for judicial review devoid of merit and lacking reasonable prospect of success - statement of claim…
Judge: Anderson 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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