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

  • 12 Oct 2017: Tomvald v Toll Transport Pty Ltd [2017] FCA 1208
    INDUSTRIAL LAW - nature of employment - permanent or casual employment - test to be applied when considering whether an employee is permanent or casual - whether the focus should be on the substance of employment or the terms of engagement - employee was both engaged as a casual employee and employment had the character of casual employment…
    Judge: Flick J
  • 11 Oct 2017: Shop, Distributive and Allied Employees Association v The Australian Industry Group [2017] FCAFC 161
    INDUSTRIAL LAW - ss 134 and 156 of the Fair Work Act 2009 (Cth) (Fair Work Act) - four yearly review of modern awards - judicial review of decision of Full Bench of Fair Work Commission (FWC) determining that penalty rates in various modern awards were inconsistent with the modern awards objective - whether decision affected by jurisdictional…
    Judge: North, Tracey, Flick, Jagot and Bromberg JJ
  • 10 Oct 2017: Waters v Commonwealth of Australia (Australian Taxation Office) [2017] FCA 1199
    PRACTICE AND PROCEDURE - application for leave to appeal - where primary judge made orders refusing an application for recusal, refusing to set aside or discharge orders for security for costs and dismissing substantive proceeding if security not provided - whether primary decision attended by sufficient doubt to warrant hearing by Full Court -…
    Judge: Markovic J

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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NPA Judges

National Coordinating Judges

  • Jessup J
  • Bromberg J
  • White J
NPA Judges

Urgent Applications