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 and Family Court of Australia, other Courts or the Fair Work Commission.

Latest Judgments


  • 12 May 2022: Ashby v Commonwealth of Australia [2022] FCAFC 77
    ADMINISTRATIVE LAW - where s 65(1) of the Public Governance Performance and Accountability Act 1913 (Cth) (PGPA Act) permits the Finance Minister on behalf of the Commonwealth to authorise acts of grace payments if the Minister considers it appropriate to do so because of special circumstances -- where appellant applied under the PGPA Act for an…
    Judge: Katzmann, Abraham and Goodman JJ
  • 10 May 2022: Jess v Cooloola Milk Pty Ltd [2022] FCAFC 75
    INDUSTRIAL LAW - appeal from a decision of the Federal Circuit Court of Australia - where primary judge held that the first and second respondents contravened s 535 of the Fair Work Act 2009 (Cth) and otherwise dismissed the application with no order imposing pecuniary penalties - whether the primary judge erred by not providing procedural…
    Judge: Rangiah, Downes and McElwaine JJ
  • 9 May 2022: BioGiene Pty Limited v Mullan [2022] FCAFC 73
    INDUSTRIAL LAW - award coverage - appellant employed respondent as cleaner in abattoir under the terms of the Meat Industry Award 2010 ("MIA") - respondent applied to South Australian Employment Court ("SAEC") alleging failure by appellant to comply with the Cleaning Services Award 2010 ("CSA") - SAEC held respondent's employment covered by the…
    Judge: Charlesworth, O'Callaghan and Snaden JJ

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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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