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
- 22 Apr 2021:
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (No 3) (The Botany Cranes Case) [2021] FCA 363
INDUSTRIAL LAW - application for declarations of contraventions of ss 47(1), 52(a) and 54(1) Building and Construction Industry (Improving Productivity) Act 2016 (Cth) by officers of building industry participant acting on its behalf and by their conduct and states of mind also by participant under s 94 - where contraveners organised and or…
Judge: Rares J - 20 Apr 2021:
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Registered Organisations Commissioner (No 2) [2021] FCAFC 56
PRACTICE AND PROCEDURE - Federal Court Rules 2011 (Cth) r 39.05 - application to set aside and vary order imposing pecuniary penalties - where inconsistency in reasons for judgment did not result in error in the order - application dismissed.
Judge: Bromberg, Rangiah and Bromwich JJ - 16 Apr 2021:
Drummond v Canberra Institute of Technology [2021] FCA 376
PRACTICE AND PROCEDURE -- application for interim suppression order of judgment of Federal Circuit Court pending hearing and determination of application for extension of time for leave to appeal an interlocutory judgment of that Court in which no such order was made -- where no formal application made to the Federal Circuit Court and where…
Judge: Katzmann J
Latest Speeches & Papers
- 3 Dec 2020:
Conversation on current issues in the practice of Employment and Industrial Law
Video recording of the webinar presented online on 3 December 2020.
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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