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


  • 23 Mar 2017: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2017] FCAFC 50
    PRACTICE AND PROCEDURE - application for leave to appeal - paragraphs of amended statement of claim struck out - paragraphs ambiguous or likely to cause prejudice or embarrassment - decision not attended by sufficient doubt - no substantial injustice - application for leave to appeal dismissed
    Judge: Greenwood, Flick and Rangiah JJ
  • 22 Mar 2017: Australian Building and Construction Commissioner v McCullough (No 2) [2017] FCA 295
    INDUSTRIAL LAW - assessment of penalties - where relevant respondents found to have contravened s 417(1)(a) of the Fair Work Act 2009 (Cth) - whether exonerated respondents entitled to their costs of the proceeding pursuant to s 570(2)(a) of the Fair Work Act 2009 (Cth)
    Judge: Barker J
  • 22 Mar 2017: Australian Building and Construction Commissioner v Hall [2017] FCA 274
    INDUSTRIAL LAW - the taking of adverse action - the exercise of a workplace right INDUSTRIAL LAW - intent to coerce - negation of choice INDUSTRIAL LAW - accessorial liability - vicarious liability of Union INDUSTRIAL LAW - Briginshaw standard of proof - reverse onus of proof - reverse onus on balance of probabilities EVIDENCE - arrangement with…
    Judge: Flick J

Latest Speeches & Papers


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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