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.
- 14 Aug 2018:
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Bendigo Theatre Case) (No 2)  FCA 1211
INDUSTRIAL LAW - where the Federal Court had found contraventions of ss 497 and 500 of the Fair Work Act 2009 (Cth) by two officials of the Construction, Forestry, Mining and Energy Union - where the union was liable on the basis of ss 550 and 793 of the Fair Work Act 2009 (Cth) - consideration of appropriate penalties - consideration of whether a …
Judge: Tracey J
- 14 Aug 2018:
Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case)  FCAFC 126
INDUSTRIAL LAW - appeal from a judgment of the Federal Circuit Court - where the primary judge had imposed civil penalties on the Construction, Forestry, Maritime, Mining and Energy Union in the maximum amounts available for six contraventions of s 500 of the Fair Work Act 2009 (Cth) - whether the primary judge erred by failing to treat the…
Judge: Tracey, Logan and Bromwich JJ
- 10 Aug 2018:
United Voice v Berkeley Challenge Pty Limited (No 2)  FCA 1189
INDUSTRIAL LAW - consideration of the appropriate pecuniary penalties to be imposed under s 546 of the Fair Work Act 2009 (Cth) (FWA) for contraventions of ss 44(1), 117 and 119 of the FWA - the relevant principles for imposing civil remedy penalties - whether the successful party should receive the penalty - the significance of maximum penalties…
Judge: Reeves 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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