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
- 24 Mar 2023:
Deam v Starlight Children's Foundation Australia [2023] FCA 259
INDUSTRIAL LAW - interlocutory application seeking summary dismissal of proceedings pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) - whether s 734 of the Fair Work Act 2009 (Cth) precludes the applicant from making a general protections application to this Court in…
Judge: Mortimer J - 24 Mar 2023:
Jamsek v ZG Operations Australia Pty Ltd (No 3) [2023] FCAFC 48
INDUSTRIAL LAW - High Court remittal - section 12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGA Act) - whether the primary trial judge was correct to find that the appellants did not fall within the extended definition of "employee" pursuant to s 12(3) of the SGA Act - where the primary judge was correct to find that the…
Judge: Perram, Wigney and Anderson JJ - 16 Mar 2023:
Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (The Bruce Highway Caloundra to Sunshine Upgrade Case) (No 3) [2023] FCA 219
INDUSTRIAL LAW - imposition of pecuniary penalties - s 546 of the Fair Work Act 2009 (Cth) - contraventions of ss 494(1), 497 and 500 of the Fair Work Act 2009 (Cth) - principles of general and specific deterrence - where respondents' held mistaken belief regarding the right to enter the Project Side without producing entry permit - principles of…
Judge: Collier 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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