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 2022: Parry v University of South Australia [2022] 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 [2022] 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 [2022] 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:
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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