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


  • 21 Mar 2019: Sawtell v P. J. Clarke Investments (Qld) Pty Ltd [2019] FCA 385
    PRACTICE AND PROCEDURE - notice of appeal - failure to state grounds of appeal - decision not attendant with arguable appellable error - appeal dismissed PRACTICE AND PROCEDURE - respondent corporation not represented by a lawyer - compliance with rule dispensed with - compliance would be an unnecessary formality
    Judge: Flick J
  • 15 Mar 2019: Moffet v Dental Corporation Pty Ltd [2019] FCA 344
    INDUSTRIAL LAW - whether Respondent misrepresented employment as independent contracting arrangement - whether Respondent failed to make payments for accrued but untaken annual leave - whether Respondent failed to make payments with respect to accrued long service leave - whether Applicant was an employee or independent contractor at common law -…
    Judge: Flick J
  • 13 Mar 2019: Liu v Stephen Grubits and Associates (No 2) [2019] FCAFC 42
    Judge: Reeves, Kerr and Lee JJ

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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