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
- 22 Oct 2021:
Australian Building and Construction Commissioner v O'Halloran [2021] FCAFC 185
PRACTICE AND PROCEDURE - application for leave to appeal - civil penalty proceedings - where decision of primary judge is interlocutory in nature - where grant of leave would result in delay of the proceedings - where applicant Commissioner could have raised issue in respect of which leave to appeal was sought at earlier case management hearing -…
Judge: Logan, Kerr and Wigney JJ - 21 Oct 2021:
National Tertiary Education Industry Union v University of Sydney (No 2) [2021] FCAFC 184
PRACTICE AND PROCEDURE -- remittal of matter -- identification of remaining issues for determination of liability -- basis of remittal
Judge: Allsop CJ, Jagot and Rangiah JJ - 18 Oct 2021:
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Monash Freeway Widening Case) (No 3) [2021] FCA 1267
PRACTICE AND PROCEDURE - relief in the form of pecuniary penalties granted - application for stay in respect of order pending appeal - notice of appeal contemplates partial challenge of court's judgment - portion of pecuniary penalties to remain payable irrespective of outcome of appeal - whether or two what extent orders might be stayed -…
Judge: Snaden J
Latest Speeches & Papers
- 3 Dec 2020:
Conversation on current issues in the practice of Employment and Industrial Law
Video recording of the webinar presented online on 3 December 2020.
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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