Employment & Industrial Relations
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
- 22 Feb 2019:
Whitby v ZG Operations Australia Pty Ltd (No 2) [2019] FCA 201
COSTS - application for costs under ss 570(2)(a) and (b) of the Fair Work Act 2009 (Cth) - whether applicants' refusal of, or failure to accept, respondents' "Calderbank offer" was an unreasonable act or omission - whether applicants instituted proceedings against third respondent without reasonable cause - whether third respondent should be…
Judge: Thawley J - 20 Feb 2019:
Construction, Forestry, Maritime, Mining and Energy Union v One Key Workforce Pty Ltd [2019] FCA 153
PRACTICE AND PROCEDURE - where declaration made that enterprise agreement is void and of no effect - where monies ordered to be held on trust pending outcome of appeal - where orders provided that monies to be distributed to Union members with an interest in the trust monies if the appeal were dismissed or discontinued - where appeal to Full Court …
Judge: Flick J - 19 Feb 2019:
Milam v University of Melbourne [2019] FCA 171
INDUSTRIAL LAW - investigation into the Applicant - whether investigation in compliance with Enterprise Agreement - whether s 50 of the Fair Work Act 2009 (Cth) applies - whether conduct misconduct or serious misconduct - injunction granted
Judge: Anastassiou J
Practice Notes
- Central Practice Note (CPN-1)
- Employment and Industrial Relations Practice Note (E&IR-1)
Form & Rules
The key forms and rules for commencing proceedings are:
- Commencing an originating application alleging dismissal in contravention of a general protection proceeding:
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- 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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Legislation
- Federal Court Act 1976 (Cth)
- Fair Work Act 2009 (Cth)
- Fair Work (Registered Organisations) Act 2009 (Cth)
- Judiciary Act 1903 (Cth)
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