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
- 3 Aug 2021:
NSW Trains v Australian Rail, Tram and Bus Industry Union [2021] FCA 883
INDUSTRIAL LAW - enterprise agreement - continued operation after nominal expiry date - whether clause with operation "during the life of the agreement" refers to the nominal expiry date - or whether that clause continues to operate after nominal expiry INDUSTRIAL LAW - power of employer to give instructions - the making of extra claims PRACTICE…
Judge: Flick J - 30 Jul 2021:
Transport Workers' Union of Australia v Qantas Airways Limited [2021] FCA 873
EMPLOYMENT LAW - adverse action - decision of Qantas to outsource ground handling operations at ten Australian airports in the midst of the COVID-19 pandemic - whether substantial and operative reason for outsourcing was for a prohibited reason - ss 340 and 346 of the Fair Work Act 2009 (Cth) - consideration of the "reverse onus" - consideration…
Judge: Lee J - 29 Jul 2021:
Fair Work Ombudsman v Doll House Training Pty Ltd (r 4.01 Application) [2021] FCA 882
PRACTICE AND PROCEDURE - application for dispensation with Federal Court Rules 2011 (Cth) r 4.01(2) requiring corporation to be represented by lawyer - where proposed representative has been referred to Legal Services Commission for acting as 'litigation process consultant'
Judge: Perram J
Latest Speeches & Papers
- 3 Dec 2020:
Conversation on current issues in the practice of Employment and Industrial Law
Video recording of the webinar presented online on 3 December 2020.
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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