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
- 4 Jun 2025:
Burt v University of Sydney (Common Question) [2025] FCA 601
REPRESENTATIVE PROCEEDINGS – representative proceeding pursuant to Pt IVA of the Federal Court of Australia Act 1976 (Cth) – claims brought on behalf of domestic candidates for higher degrees by research (HDR) of the University of Sydney (University) who were recipients of Australian Postgraduate Award scholarships or Research Training Programme…
Judge: LEE J - 5 Jun 2025:
Burt v University of Sydney (No 2) [2025] FCA 596
COSTS – application for costs under s 570 of the Fair Work Act 2009 (Cth) – respondent alleged applications instituted without reasonable cause – respondent also alleged the maintenance of the applications after offer of compromise an unreasonable act causing it to incur costs – whether circumstances in ss 570(2)(a) or 570(2)(b) applied – whether…
Judge: OWENS J - 3 Jun 2025:
Wilson v Victorian Aboriginal Child and Community Agency [2025] FCA 559
INDUSTRIAL LAW – Application for extension of time to make general protections court application under s 370 of the Fair Work Act 2009 (Cth) –where explanation for delay – where limited prejudice – whether extension of time appropriate having regard to substantive merits of the claim – application allowed
Judge: BENNETT 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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