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
- 22 Sep 2025:
Farley v MKR Capital Pty Ltd [2025] FCA 1171
PRACTICE AND PROCEDURE – where the applicant sought an extension of time and leave to appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 2) – where employment terminated – where deductions for income tax and superannuation purposes from final payment made by employer to rectify past defaults – where primary judge …
Judge: PERRAM J - 24 Sep 2025:
Lattouf v Australian Broadcasting Corporation (Penalty) [2025] FCA 1174
INDUSTRIAL LAW – pecuniary penalty for contraventions of ss 50 and 772(1) of the Fair Work Act 2009 (Cth) – where dispute as to the number of contraventions – what constitutes “a term” of an enterprise agreement – course of conduct principle applied – contravention of serious nature – consideration of deterrence – relevance of prior contraventions …
Judge: RANGIAH J - 22 Sep 2025:
Howard v Chevron Australia Pty Ltd (No 2) [2025] FCA 1166
PRACTICE AND PROCEDURE – interlocutory application for summary dismissal or alternatively, strike out – where applicant is a litigant-in-person – whether applicant has a reasonable prospect of successfully prosecuting causes of action under ss 340, 351 and 789FD of the Fair Work Act 2009 (Cth) (“FW Act”) – where applicant has refused to obtain…
Judge: SNADEN 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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