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


  • 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

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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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