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
- 21 Aug 2019:
Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) [2019] FCAFC 138
INDUSTRIAL LAW - s 96(1) of the Fair Work Act 2009 (Cth) - calculation of entitlement to paid personal/carer's leave - meaning of the word "day
Judge: Bromberg, Rangiah and O'Callaghan JJ - 19 Aug 2019:
One Tree Community Service Inc v United Voice [2019] FCA 1309
INDUSTRIAL LAW - where dispute about payment of redundancy and recognition of service of transferred employees was referred to Fair Work Commission for arbitration - employer challenged Commission's jurisdiction - Commission satisfied as to jurisdiction INDUSTRIAL LAW - where the employer commenced proceedings in this Court challenging the…
Judge: McKerracher J - 19 Aug 2019:
Carbone v James McConvill and Associates Pty Ltd [2019] FCA 1305
PRACTICE AND PROCEDURE - application for self-executing orders - claim under Fair Work Act 2009 (Cth) - Rules 5.21, 5.22 and 5.23 Federal Court Rules 2011 (Cth) - history of non-compliance with case management orders relating to filing of defence and discover orders - ongoing non-compliance - where non-compliance with case management orders may…
Judge: Collier 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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