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
- 29 Sep 2023:
Toma v Fair Work Commission [2023] FCA 1163
PRACTICE AND PROCEDURE - application for leave to appeal from decision to refuse leave to pursue racial discrimination action against Fair Work Commission and summary judgment - where applicant alleges apprehended bias by primary judge due to previous associations while in practice - where applicant alleges actual bias by primary judge - where…
Judge: Bromwich J - 29 Sep 2023:
Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 7) [2023] FCA 1164
PRACTICE AND PROCEDURE - application to set aside a notice to produce documents and a notice to admit facts - where notices issued after determination of liability and only remaining issues in the proceeding relate to orders for compensation, penalties and the form of declaratory relief - whether documents and admissions sought have any apparent…
Judge: Katzmann J - 27 Sep 2023:
Twomey v Que 5 Pty Ltd [2023] FCA 1155
INDUSTRIAL LAW - judicial review of decisions of Fair Work Commission - permission to appeal to Full Bench of Fair Work Commission refused - unfair dismissal - minimum employment period - small business employer - application dismissed
Judge: Jackson 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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