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 and Family Court of Australia, other Courts or the Fair Work Commission.

Latest Judgments


  • 19 Mar 2024: Toppo v P & J Harris & Sons (A Partnership) [2024] FCA 257
    INDUSTRIAL LAW - where Applicant alleges that termination by Respondent was adverse action taken for prohibited reasons - interlocutory application for interim reinstatement - where Applicant's visa requires ongoing employment by sponsoring employer - whether serious question to be tried - whether balance of convenience favours making of interim…
    Judge: Perram J
  • 15 Mar 2024: EFEX Group Pty Ltd v Bennett [2024] FCAFC 35
    INDUSTRIAL LAW -- nature of employment relationship -- effect of recent decisions of the High Court of Australia in Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; 275 CLR 165 and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2; 275 CLR 254 -- where contract wholly oral -- inferences as …
    Judge: Katzmann, Bromwich and Lee JJ
  • 13 Mar 2024: Murdock v Virgin Australia Airlines Pty Ltd (No 3) [2024] FCA 227
    COSTS - application for costs of interlocutory applications - where respondents substantially successful - whether discretion to award party and party costs under s 570 of the Fair Work Act 2009 (Cth) enlivened - whether applicants acted unreasonably in pursuing action with no substantial prospects of success - application dismissed.
    Judge: Burley 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:
Forms:
  • Form 79 - Originating application under the Fair Work Act alleging dismissal in contravention of a general protection
Rules:
  • Commencing application for a writ of mandamus, prohibition or injunction under section 39B of the Judiciary Act 1903 (Cth) must file:
Forms:
  • Form 69 – Originating application for relief under Section 39B Judiciary Act
Rules:

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