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
- matters transferred or appealed from the Federal Circuit and Family Court of Australia, other Courts or the Fair Work Commission.
- 29 Sep 2022:
Parry v University of South Australia  FCAFC 168
EMPLOYMENT LAW - appeal from orders dismissing an application alleging contravention of s 340 of the Fair Work Act 2009 (Cth) (FWA) - where primary judge found that the respondent terminated the applicant's employment for reasons that did not include his possession or exercise of a workplace right to protect his health and safety in the workplace…
Judge: Banks-smith, O'Sullivan, Feutrill JJ
- 29 Sep 2022:
Pigozzo v Mineral Resources Ltd  FCA 1166
PRACTICE AND PROCEDURE - application to restrict inspection of documents - application to strike out - application for injunction and non-publication of documents - pleadings dispute - strike-out principles - confidential information - legal professional privilege - principles of inferred waiver of privilege - privilege not waived - paragraphs…
Judge: Feutrill J
- 28 Sep 2022:
Murphy v Chapple  FCAFC 165
INDUSTRIAL LAW -- appeal against primary judge's characterisation of employment relationship and associated contraventions of Fair Work Act 2009 (Cth) -- where primary judge correctly found that employment contract orally varied such that appellant performed limited role as employee and otherwise was independent contractor for tax minimisation --…
Judge: Jagot, Banks-smith and Jackson JJ
Form & Rules
The key forms and rules for commencing proceedings are:
- Commencing an originating application alleging dismissal in contravention of a general protection proceeding:
- 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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