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 Court, other Courts or the Fair Work Commission.

Latest Judgments


  • 16 Apr 2021: Drummond v Canberra Institute of Technology [2021] FCA 376
    PRACTICE AND PROCEDURE -- application for interim suppression order of judgment of Federal Circuit Court pending hearing and determination of application for extension of time for leave to appeal an interlocutory judgment of that Court in which no such order was made -- where no formal application made to the Federal Circuit Court and where…
    Judge: Katzmann J
  • 13 Apr 2021: Gall v Domino's Pizza Enterprises Limited (No 2) [2021] FCA 345
    PRACTICE AND PROCEDURE - Representative Proceedings - application to strike out Further Amended Statement of Claim (FASOC) - approach to pleadings having regard to modern case management - whether parts of FASOC should be struck out as they do not disclose a reasonable cause of action - whether Fair Work Act 2009 (Cth) (Fair Work Act) constitutes…
    Judge: Murphy J
  • 9 Apr 2021: Tamu v World Vision Australia [2021] FCA 333
    INDUSTRIAL LAW - application for leave to appeal against judgment striking out Form 2 application where applicant granted leave to replead - further application for leave to appeal against interlocutory orders - no substantial injustice - no reasonable prospects of success - leave refused
    Judge: Rangiah J

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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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