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
- 29 May 2020:
Australian Building and Construction Commissioner v Molina [2020] FCAFC 97
INDUSTRIAL LAW - appeal from decision of primary judge dismissing application for declarations that respondents contravened s 346(b) and s 348 of the Fair Work Act 2009 (Cth) - whether primary judge erred in approach to construction of s 346 - whether threat of adverse of action - consideration of when a threat to take action will be adverse…
Judge: Bromberg, Colvin and Abraham JJ - 28 May 2020:
Lamont v University of Queensland (No 2) [2020] FCA 720
INDUSTRIAL LAW - employment - whether adverse action taken by respondents within s 342(1) of the Fair Work Act 2009 (Cth) (FWA) - whether adverse action taken against applicant because applicant exercised workplace rights in contravention of s 340(1) of the FWA - whether University liable under s 793 of the FWA for adverse action engaged in by…
Judge: Rangiah J - 26 May 2020:
Hewett v Comcare (No 2) [2020] FCA 703
PRACTICE AND PROCEDURE - judgment and orders - determination on orders to give effect to published reasons - identification of orders that should be made in consequence of partially successful appeal - remittal of some matters for rehearing before the Administrative Appeals Tribunal - limited remittal COSTS - separate issues raised on appeal -…
Judge: Snaden 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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