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
- 2 Apr 2020:
Joseph v Parnell Corporate Services Pty Ltd [2020] FCA 426
INDUSTRIAL LAW - whether wrongful termination of employment contract - misconduct CONTRACT - notice of termination of employment - reliance upon grounds other than those stated in letter of termination - misconduct included disclosure of confidential information CONTRACT - damages for settlement of proceedings instituted overseas - whether…
Judge: Flick J - 31 Mar 2020:
Shahin Enterprises Pty Ltd v Mathew [2020] FCAFC 57
INDUSTRIAL LAW - appeal against judgment of the South Australian Employment Court (SAEC) declaring that the Appellant had contravened s 323 of the Fair Work Act 2009 (Cth) in three respects - whether the findings of a SAEC Deputy President regarding the Respondent's starting times were in error - whether the Appellant was denied procedural…
Judge: White, Bromwich and Charlesworth JJ - 30 Mar 2020:
Quirk v Construction, Forestry, Maritime, Mining and Energy Union (Pleadings Reinstatement) [2020] FCA 412
PRACTICE AND PROCEDURE - whether to reinstate paragraphs of pleadings previously struck out - where strike out application made at commencement of trial - where impugned paragraphs sought to allege existence of transcripts and reports of Royal Commission into Trade Union Governance and Corruption EVIDENCE - hearsay - admissibility of transcripts…
Judge: Perram 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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