Employment & Industrial Relations NPA logo with link NPA logo with link

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


  • 12 Aug 2020: Registered Organisations Commissioner v Australian Workers' Union (No 2) [2020] FCA 1148
    INDUSTRIAL LAW - admitted contraventions of ss 172 and 230 of the Fair Work (Registered Organisations) Act 2009 (Cth) and its predecessor provisions - penalties to be applied - whether conduct engaged in by or with the imprimatur of senior management - whether conduct deserving of sterner penalty than might otherwise apply - penalties increased…
    Judge: Snaden J
  • 7 Aug 2020: Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (MV Portland Case) (No 2) [2020] FCA 1138
    INDUSTRIAL LAW - separate questions pursuant to r 30.01 of the Federal Court Rules 2011 - s 417 of the Fair Work Act 2009 (Cth) - whether ship's crew were "covered by" enterprise agreement at relevant time and were consequently disentitled to take lawful industrial action - construction of "application" clause of enterprise agreement - meaning of…
    Judge: Bromberg J
  • 6 Aug 2020: Findley v MSS Security Pty Ltd [2020] FCA 952
    PRACTICE AND PROCEDURE - application for extension of time to seek leave to appeal from decision of Federal Circuit Court of Australia - Circuit Court dismissed application as abuse of process - 27 grounds of appeal in draft notice of appeal - no utility in appeal as claimed underpayment repaid - appellant's chance of success insufficient to…
    Judge: Anastassiou J

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Form & Rules


The key forms and rules for commencing proceedings are:

  • Commencing an originating application alleging dismissal in contravention of a general protection proceeding:
Forms:
  • Form 79 - Originating application under the Fair Work Act alleging dismissal in contravention of a general protection
Rules:
  • Commencing application for a writ of mandamus, prohibition or injunction under section 39B of the Judiciary Act 1903 (Cth) must file:
Forms:
  • Form 69 – Originating application for relief under Section 39B Judiciary Act
Rules:

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