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 Aug 2026:
Wijaya v Matthew Brothers Engineering Pty Ltd [2026] FCA 1165
PRACTICE AND PROCEDURE — Objection to competency —Where Applicant filed incorrect form to commence appeal proceedings — Whether leave to appeal required — Whether explanation for delay was sufficient — Whether substantive case has any merit — Where Applicant made substantially the same submissions as were made before the primary judge — What is…
Judge: WHEATLEY J - 20 Aug 2026:
Ullah v OM Security Pty Ltd [2026] FCA 1175
PRACTICE AND PROCEDURE – application for leave to appeal costs order made against applicant by primary judge – whether applicant’s request to have matter listed for urgent case management hearing was unreasonable pursuant to s 570(2)(b) of the Fair Work Act 2009 (Cth) – whether primary judge erred in principle in exercising discretion –…
Judge: WIGNEY J - 20 Aug 2026:
WorkPac Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation (Costs) [2026] FCA 1181
COSTS – whether the parties enjoyed mixed success in determination of separate questions – whether one party enjoyed real practical success – whether costs order premature where leave to appeal filed – whether costs order premature where outstanding issue of liability – whether lump sum costs order appropriate – respondent awarded costs
Judge: YOUNAN 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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