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
- 22 Nov 2019:
Morton v Commonwealth Scientific and Industrial Research Organisation (No 3) [2019] FCA 1943
INDUSTRIAL LAW - pecuniary penalty for contravention of s340(1) of Fair Work Act - where respondent contends no penalty should be imposed -determination of appropriate penalty COSTS - where respondent contends proceeding vexatious or without reasonable cause - where adverse credibility findings made in respect of applicant - where applicant…
Judge: Rangiah J - 21 Nov 2019:
Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 1942
INDUSTRIAL LAW - pecuniary penalty - course of conduct - double punishment for same conduct - single penalty imposed
Judge: Jagot J - 15 Nov 2019:
Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner [2019] FCAFC 201
INDUSTRIAL LAW - s 556 of the Fair Work Act 2009 (Cth) ("FW Act") - civil double jeopardy - penalties imposed under ss 499 and 500 - conduct constituting one contravention wholly subsumed within the conduct constituting the other - whether s 556 is only engaged where there is a complete overlap between the conduct (physical acts and omissions)…
Judge: Bromberg, Wheelahan and Snaden JJ
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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