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.
- 18 Aug 2017:
Romero v Farstad Shipping (Indian Pacific) Pty Ltd (No 4)  FCAFC 126
COSTS - where appeal dismissed but partial variations made as to the costs order in favour of appellant - whether usual costs orders should apply - where appellant claims costs on indemnity basis - whether outcome of the appeal equivalent to or better than the terms of offer made by appellant - whether respondent acted unreasonably in not…
Judge: Allsop CJ, Rares and McKerracher JJ
- 18 Aug 2017:
Perry v Commonwealth of Australia  FCA 943
CONTRACTS - whether contract between the applicant and the Commonwealth - whether Commonwealth breached that contract by failing to pay the applicant a certain amount upon voluntary retrenchment - whether payment of such an amount was provided for in express contractual terms contained an information booklet - whether such contractual terms were…
Judge: Tracey J
- 17 Aug 2017:
Construction, Forestry, Mining and Energy Union v Anglo American Metallurgical Coal Pty Ltd  FCAFC 123
INDUSTRIAL LAW - 4 yearly review of modern awards - Black Coal Mining Industry Award 2010 -where Fair Work Commission made variation to Award by applying a cap on retrenchment payments - application to quash decision and consequential determination - application dismissed
Judge: Allsop CJ, North and O'Callaghan 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:
- 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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