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 and Family Court of Australia, other Courts or the Fair Work Commission.
Latest Judgments
- 29 Nov 2024:
Boulos v M.R.V.L. Investments Pty Ltd (Settlement Approval) [2024] FCA 1377
REPRESENTATIVE PROCEEDINGS - settlement approval - whether the proposed settlement is fair and reasonable in the interest of group members and as between them - settlement approved REPRESENTATIVE PROCEEDINGS - deductions for funding commission and expenses, legal costs and scheme administration costs - whether proposed deductions should be made -…
Judge: Thawley J - 28 Nov 2024:
Yes Insurance Group Pty Ltd v Fair Work Ombudsman [2024] FCA 1366
INDUSTRIAL LAW - appeal from judgment of Federal Circuit and Family Court of Australia (Division 2) ("FCFCOA") declaring first appellant and its employee to be covered by Banking, Finance and Insurance Award 2020 ("BFIA") - where pecuniary penalties imposed on appellants - where first appellant operated insurance business - where second appellant…
Judge: Snaden J - 26 Nov 2024:
Harman v Opus Recruitment Solutions - Australia Pty Ltd (Stay Application) [2024] FCA 1356
INDUSTRIAL LAW - application to declare restrictive covenants in an employment contract and shareholder agreement invalid - where each of the clauses are respectively the subject of exclusive jurisdiction clauses of New South Wales and England and Wales - applications for declarations that the employment ceased by reason of redundancy and also as…
Judge: Raper J
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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