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
- 13 Dec 2019:
Pizzeys Patent and Trade Mark Attorneys Pty Limited v Bennett [2019] FCA 2084
DISCOVERY - application for preliminary discovery - whether it is objectively reasonable that the prospective applicant believes there to be a misuse of confidential information by the prospective respondents - sufficient evidence to support reasonableness of belief - sufficiency of information already obtained - discretion - application granted
Judge: Jagot J - 13 Dec 2019:
Whelan v Cigarette & Gift Warehouse [2019] FCA 2064
INDUSTRIAL LAW - penalty hearing - court determination of penalties to be imposed - broad discretion to determine quantum of penalties to be imposed - relevant considerations in determining appropriate penalties - whether penalty is proportionate to the offence - whether penalties should be paid to the applicant COSTS - application by both parties …
Judge: Collier J - 11 Dec 2019:
Rangi v Kmart Australia Ltd (No 2) [2019] FCA 2083
COSTS - whether an applicant for leave to appeal from orders made by a judge of the Federal Circuit Court of Australia instituted the proceedings without reasonable cause
Judge: Steward 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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