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 Court, other Courts or the Fair Work Commission.

Latest Judgments

  • 17 May 2019: Olson v Keefe (No 4) [2019] FCA 691
    COSTS - where repeated attempts made by applicant to rectify pleadings - where applicant denied leave to file further amended statement of claim - whether costs of application should be awarded to the respondents on an indemnity basis - whether costs should be payable forthwith - held: indemnity costs ordered, not payable forthwith
    Judge: Bromwich J
  • 13 May 2019: Singh v Fair Work Ombudsman [2019] FCA 664
    PRACTICE AND PROCEDURE - application for leave to appeal - whether effect of procedural orders was to abrogate the privilege against exposure to civil penalty - whether respondents have a right to elect not to file until close of the applicant's case - application for leave to appeal brought prematurely - application dismissed
    Judge: Lee J
  • 10 May 2019: Macushla Pty Ltd (Trading as Sunnytop Bakery Ciabatta Della Nonna) v El Souki [2019] FCA 643
    COSTS - indemnity costs - whether or not appeal instituted vexatiously or without reasonable cause - appeal discontinued - whether or not appeal instituted for an improper purpose - whether or not appeal foredoomed to failure - sufficiency of reasons of trial judge - whether application for indemnity costs made vexatiously or without reasonable…
    Judge: Snaden J

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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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