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
- 2 Sep 2025:
Wilson v Victorian Aboriginal Child and Community Agency (No 2) [2025] FCA 1069
PRACTICE AND PROCEDURE – application to set aside orders discontinuing proceeding and reinstate matter under s 23 of the Federal Court of Australia Act 1976 (Cth) – application dismissed
Judge: BENNETT J - 2 Sep 2025:
Noorton Pty Ltd v Construction, Forestry and Maritime Employees Union [2025] FCAFC 120
INDUSTRIAL LAW – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – where respondents alleged the appellant contravened s 45 of the Fair Work Act 2009 (Cth) – whether the Ports, Harbours and Enclosed Water Vessels Award 2010 applied to the second respondent – where FCFCOA found appellant to have contravened the…
Judge: RAPER, HATCHER AND YOUNAN JJ - 29 Aug 2025:
Larobina v Melbourne Health trading as Royal Melbourne Hospital (Joinder Application) [2025] FCA 1045
PRACTICE AND PROCEDURE – application for joinder where party proposed to be joined is alleged to be liable as an accessory under s 550 of the Fair Work Act 2009 (Cth) – impact of joinder on that party’s ability to claim the privilege against exposure to civil penalties – whether joinder would be an abuse of process – whether joinder would be…
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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