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
- 29 Apr 2025:
Central Goldfields Shire Council v Australian Municipal, Administrative, Clerical and Services Union [2025] FCAFC 59
INDUSTRIAL LAW – application for judicial review of a decision of a Full Bench of the Fair Work Commission (“Commission”) – where Commission made a single interest employer authorisation (“SIEA”) – whether Commission misunderstood how properly to assess whether or not the making of an SIEA would be contrary to the public interest – whether…
Judge: COLLIER, SNADEN AND RAPER JJ - 29 Apr 2025:
Mount v Dover Castle Metals Pty Ltd (Costs) [2025] FCA 402
COSTS – where applicant sued respondents for damages/compensation, exemplary damages and pecuniary penalties alleging contraventions of whistleblower provisions of Corporations Act 2001 (Cth) and of general protections provisions of Fair Work Act 2009 (Cth) and also claimed to have been wrongfully dismissed – where Fair Work Act claims abandoned…
Judge: KATZMANN J - 22 Apr 2025:
Health Services Union v Asmar (No 4) [2025] FCA 403
PRACTICE AND PROCEDURE – leave to amend concise statement and originating application – nature and purpose of concise statement – whether events occurring after proceedings filed are relevant to question under s 323 of the Fair Work (Registered Organisations) Act – where amendments refer to affidavit material previously filed – leave to amend…
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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