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 Aug 2025:
Fair Work Ombudsman v Construction, Forestry and Maritime Employees Union (Kwinana Bulk Jetty Case) [2025] FCA 994
INDUSTRIAL LAW – conduct at picket during period of industrial action – allegations that the Union and a member of the Union contravened provisions of the Fair Work Act 2009 (Cth) – whether contraventions of ss 343, 346 and 348 of the Act are established as against the member – principles pertaining to ss 343, 346 and 348 of the Act – Union…
Judge: DOWLING J - 22 Aug 2025:
Scott v Steritech Pty Ltd [2025] FCAFC 110
HIGH COURT AND FEDERAL COURT – federal jurisdiction – where the appellant had discontinued proceedings following the execution of a deed of release – where the appellant then sought to allege essentially the same facts in a new proceeding while seeking different relief under the Fair Work Act 2009 (Cth) (the FW Act) and in tort – where the primary …
Judge: BANKS-SMITH, MEAGHER AND KENNETT JJ - 22 Aug 2025:
Merrimans Local Aboriginal Land Council v Dwight [2025] FCA 991
INDUSTRIAL LAW – appeal from Federal Circuit and Family Court of Australia (Division 2) judgment – proper characterisation of contractual relationship – where the respondent lived in accommodation owned by the appellant and performed various functions in respect of the property and surrounding land in lieu of rent – whether primary judge erred in…
Judge: KENNETT J
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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