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

  • 29 Sep 2023: Toma v Fair Work Commission [2023] FCA 1163
    PRACTICE AND PROCEDURE - application for leave to appeal from decision to refuse leave to pursue racial discrimination action against Fair Work Commission and summary judgment - where applicant alleges apprehended bias by primary judge due to previous associations while in practice - where applicant alleges actual bias by primary judge - where…
    Judge: Bromwich J
  • 29 Sep 2023: Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 7) [2023] FCA 1164
    PRACTICE AND PROCEDURE - application to set aside a notice to produce documents and a notice to admit facts - where notices issued after determination of liability and only remaining issues in the proceeding relate to orders for compensation, penalties and the form of declaratory relief - whether documents and admissions sought have any apparent…
    Judge: Katzmann J
  • 27 Sep 2023: Twomey v Que 5 Pty Ltd [2023] FCA 1155
    INDUSTRIAL LAW - judicial review of decisions of Fair Work Commission - permission to appeal to Full Bench of Fair Work Commission refused - unfair dismissal - minimum employment period - small business employer - application dismissed
    Judge: Jackson J

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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