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
- 1 Jul 2022:
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The 250 East Terrace Case) [2022] FCA 760
INDUSTRIAL LAW - determination of appropriate pecuniary penalties pursuant to s 546 of the Fair Work Act 2009 (Cth) for contraventions of s 47(1) of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (BCIIP Act) - where a commercial dispute arose between the head contractor on a project at 250 East Terrace, Adelaide SA…
Judge: O'Sullivan J - 30 Jun 2022:
Yu v ACT Education Directorate [2022] FCAFC 110
INDUSTRIAL LAW - adverse action - whether employee exercising a workplace right under s 343(1)(a) of the Fair Work Act 2009 (Cth) - where employee claimed to have been exercising her right to take reasonable care of her own health and safety under s 44 of the Work Health and Safety Act 2011 (ACT) when refusing the directions of her employer to…
Judge: Thomas, SC Derrington and Halley JJ - 29 Jun 2022:
Wilkinson v Wilson Security Pty Ltd [2022] FCA 756
REPRESENTATIVE PROCEEDINGS - application for orders under s 33N(1)(d) of the Federal Court of Australia Act 1976 (Cth) for the proceeding to no longer continue as a representative proceeding - where proceeding concerns claims under s 545 of the Fair Work Act 2009 (Cth) - where the representative applicant is unrepresented - where there exist over…
Judge: Colvin 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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