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 2022:
Parry v University of South Australia [2022] FCAFC 168
EMPLOYMENT LAW - appeal from orders dismissing an application alleging contravention of s 340 of the Fair Work Act 2009 (Cth) (FWA) - where primary judge found that the respondent terminated the applicant's employment for reasons that did not include his possession or exercise of a workplace right to protect his health and safety in the workplace…
Judge: Banks-smith, O'Sullivan, Feutrill JJ - 29 Sep 2022:
Pigozzo v Mineral Resources Ltd [2022] FCA 1166
PRACTICE AND PROCEDURE - application to restrict inspection of documents - application to strike out - application for injunction and non-publication of documents - pleadings dispute - strike-out principles - confidential information - legal professional privilege - principles of inferred waiver of privilege - privilege not waived - paragraphs…
Judge: Feutrill J - 28 Sep 2022:
Murphy v Chapple [2022] FCAFC 165
INDUSTRIAL LAW -- appeal against primary judge's characterisation of employment relationship and associated contraventions of Fair Work Act 2009 (Cth) -- where primary judge correctly found that employment contract orally varied such that appellant performed limited role as employee and otherwise was independent contractor for tax minimisation --…
Judge: Jagot, Banks-smith and Jackson 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:
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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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