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
- matters transferred or appealed from the Federal Circuit Court, other Courts or the Fair Work Commission.
- 23 Mar 2017:
Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd  FCAFC 50
PRACTICE AND PROCEDURE - application for leave to appeal - paragraphs of amended statement of claim struck out - paragraphs ambiguous or likely to cause prejudice or embarrassment - decision not attended by sufficient doubt - no substantial injustice - application for leave to appeal dismissed
Judge: Greenwood, Flick and Rangiah JJ
- 22 Mar 2017:
Australian Building and Construction Commissioner v McCullough (No 2)  FCA 295
INDUSTRIAL LAW - assessment of penalties - where relevant respondents found to have contravened s 417(1)(a) of the Fair Work Act 2009 (Cth) - whether exonerated respondents entitled to their costs of the proceeding pursuant to s 570(2)(a) of the Fair Work Act 2009 (Cth)
Judge: Barker J
- 22 Mar 2017:
Australian Building and Construction Commissioner v Hall  FCA 274
INDUSTRIAL LAW - the taking of adverse action - the exercise of a workplace right INDUSTRIAL LAW - intent to coerce - negation of choice INDUSTRIAL LAW - accessorial liability - vicarious liability of Union INDUSTRIAL LAW - Briginshaw standard of proof - reverse onus of proof - reverse onus on balance of probabilities EVIDENCE - arrangement with…
Judge: Flick J
Latest Speeches & Papers
- 5 Nov 2016:
The regulation of industrial relations by reference to the corporations power
A paper delivered at the 8th Biennial Australian Labour Law Association National Conference by Justice Jessup.
Form & Rules
The key forms and rules for commencing proceedings are:
- Commencing an originating application alleging dismissal in contravention of a general protection proceeding:
- 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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