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 Court, other Courts or the Fair Work Commission.
Latest Judgments
- 20 Sep 2019:
Civil Air Operations Officers' Association of Australia v Airservices Australia [2019] FCA 1542
INDUSTRIAL LAW - pecuniary penalty - admitted contravention of s 50 of the Fair Work Act 2009 (Cth) - consideration of relevant factors in assessment of penalty - penalty imposed
Judge: Mortimer J - 20 Sep 2019:
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining, and Energy Union (Syme Library Case) (No 2) [2019] FCA 1555
INDUSTRIAL LAW - civil penalty provision - contraventions of s 340, s 343, s 345, s 348, s 349, and s 354 of Fair Work Act 2009 - relevance of past contraventions of provisions by parties to quantum of penalty - making of declarations and orders as to appropriate penalty.
Judge: Wheelahan J - 17 Sep 2019:
Australian Education Union v Yooralla [2019] FCA 1511
INDUSTRIAL LAW - construction of awards - pre-modern award - whether employee was an "instructor" under the Disability Services Award (Victoria) 1999 or an "attendant carer" under the Attendant Care - Victoria Award 2004 - modern award - whether employee was a Level 2 or Level 3 social and community services employee under the Social, Community,…
Judge: Steward J
Latest Speeches & Papers
- 31 May 2018:
What will the Australian Competition Tribunal do now without Limited Merits Review?
Presented to the Federal Court by Justice Middleton
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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