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 and Family Court of Australia, other Courts or the Fair Work Commission.
Latest Judgments
- 14 Jan 2022:
Hennessy v Barminco Limited [2022] FCA 9
PRACTICE AND PROCEDURE -- Interlocutory application for extension of time in which to make application in the Court pursuant to s 370 of Fair Work Act 2009 (Cth) -- where applicant filed Originating application in the Court -- where respondent issued Interlocutory application seeking orders that Originating application be dismissed on basis that…
Judge: Besanko J - 23 Dec 2021:
Patrick Stevedores Holdings Pty Limited v Construction, Forestry, Maritime, Mining and Energy Union (No 5) [2021] FCA 1645
PRACTICE AND PROCEDURE - award of pre-judgment interest - whether a discount should be made for desultory approach adopted by the applicants - percentage of pre-judgment interest awarded COSTS - whether an adverse costs order should be made - where offers of compromise made - consideration of the relevant principles - conduct of Union in not…
Judge: Lee J - 23 Dec 2021:
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Morphettville Park Case) [2021] FCA 1640
INDUSTRIAL LAW - admitted contravention of s 500 of the Fair Work Act 2009 (Cth) - determination of penalties - relevant considerations in determining appropriate penalties - issued declarations - penalties imposed.
Judge: White 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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