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
- 24 Sep 2020:
Qantas Airways Limited v Flight Attendants' Association of Australia (The JobKeeper Case) [2020] FCA 1365
INDUSTRIAL LAW - Commonwealth JobKeeper Scheme - amount payable to employee for work performed during the fortnight - method of calculation STATUTORY INTERPRETATION - reliance upon statutory rules to construe statute - part of legislative framework contemporaneously prepared
Judge: Flick J - 24 Sep 2020:
Taylor v Department of Health [2020] FCA 1364
PRACTICE AND PROCEDURE - strike out application - allegations not constituting contravention - allegations ambiguous - issue of a referral certificate or alternatively pleadings to be certified by a lawyer PRACTICE AND PROCEDURE - vague and ambiguous pleadings - embarrassment - pleading of contraventions of statutory provisions PRACTICE AND…
Judge: Flick J - 23 Sep 2020:
Construction, Forestry, Maritime, Mining and Energy Union v Kyren Pty Ltd [2020] FCA 1356
INDUSTRIAL LAW - admitted contraventions of s 501 and s 502(1) of the Fair Work Act 2009 (Cth) - determination of penalties - relevant considerations in determining appropriate declarations and penalties.
Judge: White 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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