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
- 23 Oct 2026:
Gavin v Svitzer Australia Pty Ltd (Relief) [2026] FCA 1582
INDUSTRIAL LAW – employment – question of relief – where applicant seeks reinstatement, compensation for economic and non-economic loss to the date of reinstatement, and a further amount for aggravated (or general) damages and interest, or, alternatively, compensation for past and future economic loss, a further amount for aggravated damages and…
Judge: NEEDHAM J - 23 Oct 2026:
Boi v Aldi Foods Pty Ltd [2026] FCA 1576
REPRESENTATIVE PROCEEDINGS – application for approval of a settlement pursuant to s 33V(1) of the Federal Court of Australia Act 1976 (Cth) – claims by current and former employees for unpaid work in contravention of s 50 of the Fair Work Act 2009 (Cth) – parallel penalty proceeding by union raising common issue – settlement of both proceedings…
Judge: MCELWAINE J - 22 Oct 2026:
Testart v Testart (No 3) [2026] FCA 1558
PRACTICE AND PROCEDURE – application to “vacate” stay consequent upon election of the trustee of a bankrupt’s estate to discontinue proceeding under s 60(2) of the Bankruptcy Act 1966 (Cth) and to “reinstate” proceeding – where sequestration order set aside after trustee’s election to discontinue – where r 90-80 of the Insolvency Practice Rules…
Judge: O'CALLAGHAN 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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