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

  • 19 Feb 2019: Minister for Industrial Relations for the State of Victoria v Esso Australia Pty Ltd [2019] FCAFC 26
    INDUSTRIAL LAW - application for judicial review of decision of the Full Bench of the Fair Work Commission (FWC) to revoke an order make under s 424 of the Fair Work Act 2009 (Cth) (FW Act) (the s 424 Order) terminating protected industrial action - revocation order made after the High Court had reversed a judgment of the Full Court of the Federal …
    Judge: White, Lee and Wheelahan JJ
  • 13 Feb 2019: Treasury Wine Estates Vintners Limited v Pearson [2019] FCAFC 21
    CONSTITUTIONAL LAW - Constitution Ch III - where eligible State court vested with federal jurisdiction under s 539(2) of Fair Work Act 2009 (Cth) to hear claims by employee against employer for underpayment of amount due under enterprise agreement in contravention of s 50 - where industrial magistrate of Industrial Court of South Australia heard…
    Judge: Rares, Perry and Charlesworth JJ
  • 12 Feb 2019: Liu v Stephen Grubits and Associates [2019] FCAFC 24
    INDUSTRIAL LAW - appeal from the Federal Circuit Court - whether primary judge erred in awarding costs against the appellant in a matter arising under the Fair Work Act 2009 (Cth) COSTS - contention that there is no power for the Federal Circuit Court to award costs against a party in proceedings relating to a matter arising under the Fair Work…
    Judge: Reeves, Kerr and Lee 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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