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
- 17 Oct 2019:
Construction, Forestry, Maritime, Mining and Energy Union v Tahmoor Coal Pty Ltd [2019] FCA 1696
INDUSTRIAL LAW - principles of construction of enterprise agreements INDUSTRIAL LAW - mine production bonus scheme - whether bonus only payable on holidays from Monday to Friday - whether payable on a weekend INDUSTRIAL LAW - whether specific provision excludes general provision in respect to payment of shift loading
Judge: Flick J - 16 Oct 2019:
Bronze Hospitality Pty Ltd v Hansson (No 2) [2019] FCA 1680
INDUSTRIAL LAW - application for judicial review of decision of Full Bench of Fair Work Commission - claim for unfair dismissal under Pt 3-2 Div 2 of Fair Work Act 2009 (Cth) - whether casual employment met criteria in s 384(2)(a)(i) and s 384(2)(a)(ii) of Fair Work Act - point in time employee has objectively reasonable grounds for expectation of …
Judge: Jackson J - 14 Oct 2019:
Australian Building and Construction Commissioner v Pattinson [2019] FCA 1654
INDUSTRIAL LAW - pecuniary penalties - agreed contraventions - false or misleading statement about an obligation to engage in "industrial activity" - application of "no ticket, no start" philosophy - contravener knew statement was misleading, or was reckless as to that fact - analysis of the nature, gravity, character and seriousness of the…
Judge: Snaden 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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