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.
- 11 Dec 2017:
Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd  FCA 1494
INDUSTRIAL LAW - application for declaratory relief - construction of the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2015-2019 - whether cl 3 of Sch 1 to the agreement requires the respondent to provide the same training to "conversion drivers" as novice drivers - whether such training is to be limited to certain regional…
Judge: O'Callaghan J
- 30 Nov 2017:
Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Quest Apartments Case)  FCA 1398
INDUSTRIAL LAW - claimed contraventions of ss 346, 348 and 349 of the Fair Work Act 2009 (Cth) by an officer of the CFMEU - contraventions denied - whether the officer engaged in certain conduct in contravention of those provisions - whether the CFMEU is liable for any contraventions pursuant to ss 363 and 793
Judge: Tracey J
- 28 Nov 2017:
O'Loughlin v Linfox Australia Pty Ltd  FCA 1394
WORKERS' COMPENSATION - Appeal from Administrative Appeals Tribunal - whether applicant entitled to compensation under s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) - meaning of "injury" - whether injury arose "out of, or in the course of ... employment" - conflict between certain provisions of Pts I and II of Div 1 of the…
Judge: O'Callaghan 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:
- 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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