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 Court, other Courts or the Fair Work Commission.
Latest Judgments
- 20 Feb 2020:
Australian Licenced Aircraft Engineers Association v Qantas Airways Limited [2020] FCA 166
INDUSTRIAL LAW - applicants seek declarations of contraventions of various provisions of the Licensed Aircraft Engineers (Qantas Airways Limited) Workplace Determination 2010, the Licensed Aircraft Engineers (Qantas Airways Limited) Enterprise Agreement 10 and employment contracts - construction of industrial instruments - whether the agreement…
Judge: Jagot J - 14 Feb 2020:
Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The BKH Contractors Appeal) [2020] FCAFC 9
INDUSTRIAL LAW - appeal from liability and penalty decisions of a judge of the Federal Court of Australia - quantification of penalties - identification of contract for services and prejudice for adverse action arising from a threat to take industrial action - application of the course of conduct principle to industrial action on consecutive days…
Judge: Reeves, Rangiah and Bromwich JJ - 11 Feb 2020:
Registered Organisations Commissioner v Communications, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2020] FCA 96
INDUSTRIAL LAW - need for notifications of office holders - failure to provide notification on time - admitted contraventions INDUSTRIAL LAW - quantification of penalties - principles to be applied - multiple contraventions - course of conduct - need to consider individual contraventions when quantifying penalty - different approaches - totality…
Judge: Flick J
Latest Speeches & Papers
- 31 May 2018:
What will the Australian Competition Tribunal do now without Limited Merits Review?
Presented to the Federal Court by Justice Middleton
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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