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 and Family Court of Australia, other Courts or the Fair Work Commission.
Latest Judgments
- 19 Mar 2024:
Toppo v P & J Harris & Sons (A Partnership) [2024] FCA 257
INDUSTRIAL LAW - where Applicant alleges that termination by Respondent was adverse action taken for prohibited reasons - interlocutory application for interim reinstatement - where Applicant's visa requires ongoing employment by sponsoring employer - whether serious question to be tried - whether balance of convenience favours making of interim…
Judge: Perram J - 15 Mar 2024:
EFEX Group Pty Ltd v Bennett [2024] FCAFC 35
INDUSTRIAL LAW -- nature of employment relationship -- effect of recent decisions of the High Court of Australia in Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; 275 CLR 165 and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2; 275 CLR 254 -- where contract wholly oral -- inferences as …
Judge: Katzmann, Bromwich and Lee JJ - 13 Mar 2024:
Murdock v Virgin Australia Airlines Pty Ltd (No 3) [2024] FCA 227
COSTS - application for costs of interlocutory applications - where respondents substantially successful - whether discretion to award party and party costs under s 570 of the Fair Work Act 2009 (Cth) enlivened - whether applicants acted unreasonably in pursuing action with no substantial prospects of success - application dismissed.
Judge: Burley 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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