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


  • 2 Apr 2020: Joseph v Parnell Corporate Services Pty Ltd [2020] FCA 426
    INDUSTRIAL LAW - whether wrongful termination of employment contract - misconduct CONTRACT - notice of termination of employment - reliance upon grounds other than those stated in letter of termination - misconduct included disclosure of confidential information CONTRACT - damages for settlement of proceedings instituted overseas - whether…
    Judge: Flick J
  • 31 Mar 2020: Shahin Enterprises Pty Ltd v Mathew [2020] FCAFC 57
    INDUSTRIAL LAW - appeal against judgment of the South Australian Employment Court (SAEC) declaring that the Appellant had contravened s 323 of the Fair Work Act 2009 (Cth) in three respects - whether the findings of a SAEC Deputy President regarding the Respondent's starting times were in error - whether the Appellant was denied procedural…
    Judge: White, Bromwich and Charlesworth JJ
  • 30 Mar 2020: Quirk v Construction, Forestry, Maritime, Mining and Energy Union (Pleadings Reinstatement) [2020] FCA 412
    PRACTICE AND PROCEDURE - whether to reinstate paragraphs of pleadings previously struck out - where strike out application made at commencement of trial - where impugned paragraphs sought to allege existence of transcripts and reports of Royal Commission into Trade Union Governance and Corruption EVIDENCE - hearsay - admissibility of transcripts…
    Judge: Perram J

Latest Speeches & Papers


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

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