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
- 10 Jul 2020:
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The North Queensland Stadium Case) [2020] FCA 947
INDUSTRIAL RELATIONS - application for declarations of contraventions of ss 46 and 54 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (BCI Act) - whether casual employees cannot engage in industrial action - whether casual employees were obliged to accept or perform work - whether employees placed a ban on the…
Judge: Rangiah J - 9 Jul 2020:
Australian Building and Construction Commissioner v Fissenden [2020] FCA 945
INDUSTRIAL LAW - pecuniary penalties - admitted contraventions of ss 346 and 348 of the Fair Work Act 2009 (Cth) - consideration of principles relating to imposition of pecuniary penalties - relevance of prior contraventions to assessment of penalty - penalties imposed
Judge: Rangiah J - 9 Jul 2020:
Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association (No 2) [2020] FCA 951
INDUSTRIAL LAW - dispute resolution procedure - staged procedure - whether compliance with each stage is a mandatory requirement - whether substantial compliance sufficient INDUSTRIAL LAW - jurisdiction of Fair Work Commission to deal with a referral INDUSTRIAL LAW - principles of construction of enterprise agreements
Judge: Flick 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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