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
- 20 May 2025:
Mpinda v Fair Work Commission (No 4) [2025] FCA 519
PRACTICE AND PROCEDURE – interlocutory application, in substance, for determination of separate questions and dismissal following determination of questions – hearing in absence of applicant – notice and service of application on applicant ADMINISTRATIVE LAW– discretion to grant constitutional writs – statutory duty performed after commencement of …
Judge: FEUTRILL J - 14 May 2025:
Sydney Markets Limited v Latham (Urgent Freezing Order) [2025] FCA 501
PRACTICE AND PROCEDURE – urgent ex parte application for freezing orders under r 7.32 of the Federal Court Rules 2011 (Cth) – consideration of applicable principles – good arguable case for breaches – danger of frustrating prospective judgment - balance of convenience weighs in favour of granting relief
Judge: NEEDHAM J - 15 May 2025:
Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation [2025] FCAFC 65
INDUSTRIAL LAW – appeal from judgment of single judge – where court determined that appellant’s employees who performed shotfiring or related services at black coal mines were “eligible employee[s]” pursuant to Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) (“Administration Act”) – where statutory definition called up…
Judge: COLLIER, SNADEN AND HATCHER JJ
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:
| Forms: |
|
| Rules: |
|
- Commencing application for a writ of mandamus, prohibition or injunction under section 39B of the Judiciary Act 1903 (Cth) must file:
| Forms: |
|
| Rules: |
|
Legislation
- Federal Court Act 1976 (Cth)
- Fair Work Act 2009 (Cth)
- Fair Work (Registered Organisations) Act 2009 (Cth)
- Judiciary Act 1903 (Cth)
Subscribe
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
