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
- 20 Jan 2021:
Community and Public Sector Union, NSW Branch v Northcott Supported Living Limited [2021] FCA 8
INDUSTRIAL LAW -- where employees formerly employed by one company as "team leaders" now employed by another, related, company, as "service coordinators", whether a "transfer of business" occurred within s 311 of Fair Work Act 2009 (Cth) -- whether work performed for new employer is "the same or substantially the same as the work the employee[s]…
Judge: Katzmann J - 24 Dec 2020:
Bywater v Appco Group Australia Pty Ltd [2020] FCA 1877
REPRESENTATIVE PROCEEDINGS - settlement approval application pursuant to s 33V of Federal Court of Australia Act 1976 (Cth) - where respondent restructured business - investigations ordered into the financial position of the respondent including whether restructure is an attempt to defeat judgment or is a voidable or uncommercial transaction -…
Judge: Lee J - 23 Dec 2020:
Nevro Medical Pty Ltd v McKelvie (No 2) [2020] FCA 1876
PRACTICE AND PROCEDURE - application by respondent to set aside subpoenas issued to non-parties at applicant's request - application dismissed
Judge: O'Callaghan J
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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