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
- 18 Sep 2026:
Alexiou v Australia and New Zealand Banking Group Limited [2026] FCA 1373
INDUSTRIAL LAW – adverse action – where events occurred against backdrop of a regulatory investigation into rigging of the bank bill swap rate – where applicant had been stood down, his standing down had been reported by the press, his employment was terminated and his bonuses clawed back or forfeited – where action alleged to have been taken…
Judge: PERRAM J - 2 Oct 2026:
Fair Work Ombudsman v Chambers [2026] FCA 1452
INDUSTRIAL LAW – sham contracting – various contraventions of the Fair Work Act 2009 (Cth) alleged – where respondents directors of company – where Fair Work Ombudsman alleged company engaged cleaning workers as employees – whether company was engaging entity – applicable test for determining engaging entity following WorkPac Pty Ltd v Rossato…
Judge: MEAGHER J - 29 Sep 2026:
Wu v Grow Technology Services Ltd [2026] FCA 1430
PRACTICE AND PROCEDURE – application to amend originating application and statement of claim – whether proposed amended claims have any reasonable prospect of success – application for summary dismissal – whether allegations have been raised or should have been raised in previous proceedings – whether proceeding is an abuse of process COSTS –…
Judge: PERRAM 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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