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
- 21 Sep 2023:
Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 6) [2023] FCA 1116
PRACTICE AND PROCEDURE - referees - referee appointed pursuant to s 54A of the Federal Court of Australia Act 1976 (Cth) to provide opinion on the amount by which employees were underpaid in respect of hours worked and untaken annual leave balances - where adoption opposed, whether report should be adopted or rejected
Judge: Katzmann J - 21 Sep 2023:
Carovska, in the matter of an application for an inquiry in relation to an election for offices in the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch [2023] FCA 1129
INDUSTRIAL LAW - application for inquiry into elections for offices in an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cth) - allegation of irregularities -whether there are reasonable grounds for the application - inquiry ordered
Judge: Raper J - 20 Sep 2023:
Fair Work Ombudsman v Blakeley [2023] FCA 1121
INDUSTRIAL LAW - pecuniary penalty - contravention of s 500 of the Fair Work Act 2009 (Cth) - where first respondent issued a cease work direction - deliberate and targeted use of foul language - principles of pecuniary penalty - consideration of the appropriate pecuniary penalty - where applicant seeks a non-indemnity order
Judge: Thomas 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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