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

  • 23 Dec 2016: Trustee for The MTGI Trust v Johnston (No 2) [2016] FCAFC 190
    COSTS - application for first respondent's costs to be paid by applicant and non-party on indemnity basis - s 570 Fair Work Act 2009 (Cth) - proceedings found to have no merit - Calderback offer by first respondent refused - non-party sole director and shareholder of applicant - non-party had interest in the subject of the litigation - applicant…
    Judge: Siopis, Collier and Katzmann JJ
  • 23 Dec 2016: Construction Forestry Mining and Energy Union v Anglo Coal (Capcoal Management) Pty Ltd [2016] FCA 1582
    INDUSTRIAL LAW - termination of employment purportedly on grounds of redundancy - application alleging that termination was adverse action taken for prohibited reasons, contrary to Pt 3-1 of the Fair Work Act 2009 (Cth) - interlocutory application for reinstatement pending hearing and determination of application or further order - whether interim …
    Judge: Katzmann J
  • 22 Dec 2016: Hardcastle v Mitch Enterprises Pty Ltd [2016] FCA 1569
    PRACTICE AND PROCEDURE - application for summary dismissal of parts of statement of claim pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) - held: summary dismissal of impugned paragraphs allowed CONSUMER LAW - whether definition of 'services' in Australian Consumer Law…
    Judge: Bromwich J

Latest Speeches & Papers

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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