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

  • 18 Aug 2017: Romero v Farstad Shipping (Indian Pacific) Pty Ltd (No 4) [2017] FCAFC 126
    COSTS - where appeal dismissed but partial variations made as to the costs order in favour of appellant - whether usual costs orders should apply - where appellant claims costs on indemnity basis - whether outcome of the appeal equivalent to or better than the terms of offer made by appellant - whether respondent acted unreasonably in not…
    Judge: Allsop CJ, Rares and McKerracher JJ
  • 18 Aug 2017: Perry v Commonwealth of Australia [2017] FCA 943
    CONTRACTS - whether contract between the applicant and the Commonwealth - whether Commonwealth breached that contract by failing to pay the applicant a certain amount upon voluntary retrenchment - whether payment of such an amount was provided for in express contractual terms contained an information booklet - whether such contractual terms were…
    Judge: Tracey J
  • 17 Aug 2017: Construction, Forestry, Mining and Energy Union v Anglo American Metallurgical Coal Pty Ltd [2017] FCAFC 123
    INDUSTRIAL LAW - 4 yearly review of modern awards - Black Coal Mining Industry Award 2010 -where Fair Work Commission made variation to Award by applying a cap on retrenchment payments - application to quash decision and consequential determination - application dismissed
    Judge: Allsop CJ, North and O'Callaghan JJ

Form & Rules

The key forms and rules for commencing proceedings are:

  • Commencing an originating application alleging dismissal in contravention of a general protection proceeding:
  • Form 79 - Originating application under the Fair Work Act alleging dismissal in contravention of a general protection
  • Commencing application for a writ of mandamus, prohibition or injunction under section 39B of the Judiciary Act 1903 (Cth) must file:
  • Form 69 – Originating application for relief under Section 39B Judiciary Act


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