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 Jun 2026:
Rindeklev v Commonwealth of Australia (No 2) [2026] FCA 764
INDUSTRIAL LAW - whether employer engaged in discriminatory conduct contrary to s 104(1) of the Work Health and Safety Act 2011 by failing to take action in response to concerns raised by employee in relation to conduct of another employee - whether employer made a false or misleading representation about the workplace rights of employee contrary…
Judge: COLVIN J - 18 Jun 2026:
Kaur v Commonwealth Bank of Australia [2026] FCA 749
PRACTICE AND PROCEDURE – application for an extension of time and leave to appeal from a judgment of the Federal Circuit and Family Court (Division 2) (“FCFCOA”) – where FCFCOA summarily dismissed an application for relief for contraventions under pt 6-4 of the Fair Work Act 2009 (Cth) – where FCFCOA had accepted that it did not have jurisdiction…
Judge: SNADEN J - 12 Jun 2026:
Clarke v Beiler Constructions Pty Ltd as trustee for Fox Trading Trust [2026] FCA 734
INDUSTRIAL LAW – sexual harassment – where applicant alleges multiple contraventions of s 527D of Fair Work Act 2009 (Cth) (FW Act) – where applicant claims employer vicariously liable for alleged sexual harassment pursuant to s 527E of FW Act – whether conduct occurred as alleged – whether conduct of a “sexual nature” – whether conduct…
Judge: MCDONALD 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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