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
- 10 Sep 2026:
Colgrave v TT-Line Company Pty Ltd [2026] FCA 1232
WORKERS’ COMPENSATION – appeal from Administrative Review Tribunal – claim by injured employee for compensation under Seafarers Rehabilitation and Compensation Act 1992 (Cth) – where employee was 68 years of age and had reached “pension age” when he suffered the injury – whether compensation for incapacity was payable under Div 3 of Pt 2 of…
Judge: HORAN J - 8 Sep 2026:
Totino v Metro Trains Melbourne Pty Ltd [2026] FCAFC 120
INDUSTRIAL LAW – general protections – adverse action – appeal from Federal Circuit and Family Court of Australia (Div 2) – show cause letter sent to appellant proposing termination because of her medical incapacity and the respondent’s operational needs – appellant then dismissed from her employment for those reasons – reverse onus under s 361 of …
Judge: MCEVOY, DOWLING AND HILL JJ - 4 Sep 2026:
Raghib v Stantec Australia Pty Ltd (Return of subpoena) [2026] FCA 1322
PRACTICE AND PROCEDURE — return of subpoena – where the applicant caused subpoenas to be issued to a non-party to produce a document – where the addressee of the subpoenas and the first respondent objected to inspection of the document by the applicant on grounds of legal professional privilege and confidentiality – whether the applicant can call…
Judge: WHEELAHAN 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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