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 2025:
Torrens University Australia Limited v Fair Work Ombudsman (No 2) [2025] FCA 1120
COSTS – application for indemnity costs or, in the alternative, party and party costs pursuant to s 570(2) of Fair Work Act 2009 (Cth) (FW Act) – where Fair Work Ombudsman issued compliance notice based on mistaken interpretation of meaning of “associated working time” in Awards – whether absence of reasonable belief under s 716 and s 717 of FW…
Judge: HALLEY J - 10 Sep 2025:
BHP Coal Pty Ltd v Mining and Energy Union [2025] FCA 1116
INDUSTRIAL LAW – application for a stay of regulated labour hire arrangement orders made by the Fair Work Commission – orders made under s 306E of the Fair Work Act 2009 (Cth) – no express statutory power to order a stay under the Act – if no stay granted and applicants ultimately successful, recovery of overpayments difficult – claims of…
Judge: WHEELAHAN J - 10 Sep 2025:
Bartlett v Commonwealth of Australia [2025] FCA 1107
PRACTICE AND PROCEDURE – where the applicant seeks to make allegations of adverse action by omission – where the applicant alleges breach of contract – where damages not sought for breach of contract – whether s 44 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) is engaged – whether the allegations are a claim for common law damages …
Judge: PERRAM 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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