Employment & Industrial Relations NPA logo with link NPA logo with link

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

  • 24 Nov 2022: Bellou v Victoria University (No 5) [2022] FCA 1408
    PRACTICE AND PROCEDURE - interlocutory application to vacate pending trial - where applicant relies on medical incapacity - whether medical evidence sufficient to demonstrate incapacity to prosecute proceeding - where multiple trial dates previously vacated - orders made
    Judge: Snaden J
  • 24 Nov 2022: Australian Nursing and Midwifery Federation v Kitaya Holdings Pty Ltd [2022] FCA 1394
    INDUSTRIAL LAW - alleged contravention or proposed contravention of s 50 of the Fair Work Act 2009 (Cth) (Fair Work Act) - whether interim injunction pursuant to ss 545(1) and (2)(a) of the Fair Work Act and s 23 of the Federal Court of Australia Act 1976 (Cth) should issue PRACTICE AND PROCEDURE - application for interim injunction - whether…
    Judge: Hespe J
  • 23 Nov 2022: Woodside Energy Limited v Australian Workers' Union [2022] FCA 1391
    PRACTICE AND PROCEDURE - application for interlocutory injunction to restrain Fair Work Commission from taking any further steps in an application for a majority support determination pending hearing and determination of application for judicial review under s 39B of Judiciary Act 1903 (Cth) - where application is in the nature of a stay of…
    Judge: Katzmann J

Form & Rules

The key forms and rules for commencing proceedings are:

  • Commencing an originating application alleging dismissal in contravention of a general protection proceeding:
  • Form 79 - Originating application under the Fair Work Act alleging dismissal in contravention of a general protection
  • Commencing application for a writ of mandamus, prohibition or injunction under section 39B of the Judiciary Act 1903 (Cth) must file:
  • Form 69 – Originating application for relief under Section 39B Judiciary Act


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