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


  • 10 Dec 2018: Australian Education Union v Royal Melbourne Institute of Technology [2018] FCA 1985
    INDUSTRIAL LAW - application for interlocutory order restraining vote for an enterprise agreement - whether misleading representations made concerning proposed agreement - whether representations made "knowingly or recklessly" - whether conduct in trade or commerce - balance of convenience - application dismissed.
    Judge: Wheelahan J
  • 7 Dec 2018: Conway v Fernandez (No 2) [2018] FCA 1975
    PRACTICE AND PROCEDURE - application for leave to inspect documents in the proceeding - affidavits acted upon in hearing in open court - leave given.
    Judge: Wheelahan J
  • 7 Dec 2018: Newton v Australian Postal Corporation [2018] FCA 2007
    PRACTICE AND PROCEDURE - trial of proceeding seeking, amongst other things, various remedies under the Fair Work Act 2009 (Cth) ("FW Act") against four respondents - where at close of case by the applicant a no case to answer submission ("no case submission") is made by some but not all of the respondents - whether a respondent that has tendered a …
    Judge: Bromberg 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:
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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