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
- 10 Jul 2026:
Gillham v Melbourne Symphony Orchestra Pty Ltd (Liability) [2026] FCA 891
INDUSTRIAL LAW – general protections – adverse action – where applicant’s engagement terminated by the Melbourne Symphony Orchestra (MSO) after he makes political statements at a piano recital – where MSO sends a message to audience members from the recital after cancelling applicant’s future performance, then invites applicant to return on…
Judge: HILL J - 8 Jul 2026:
WorkPac Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation [2026] FCA 874
INDUSTRIAL LAW – determination of separate questions pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) – determination of employee’s “eligible wages” and “base rate of pay” under s 3B of the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992 (Cth) for calculation of levies under the relevant long service leave…
Judge: YOUNAN J - 7 Jul 2026:
Scott v Equatorial Launch Australia Pty Ltd (in liquidation) (No 3) [2026] FCA 881
PRACTICE AND PROCEDURE – relief to be granted in respect of breaches of contract – where pre-judgment interest orders are appropriate – relevant dates from which pre-judgment interest should be paid – where no utility in declaratory relief – timetabling and referral as to costs
Judge: DOWLING 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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