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
- 1 Aug 2025:
Cannan v The Reject Shop Ltd (No 2) [2025] FCA 879
REPRESENTATIVE PROCEEDINGS – interlocutory application for leave to file an amended originating application and statement of claim – application to amend expands group member definition and includes new claims for relief – amended group member definition and new claims proposed to be related back to commencement of proceeding – amendment and…
Judge: SNADEN J - 1 Aug 2025:
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Opal Packaging Australia Pty Ltd [2025] FCA 875
INDUSTRIAL LAW – enterprise agreements – principles of construction for enterprise agreements – whether dispute resolution clause requiring “status quo remain” obliged employer to maintain pre-dispute environment – where employer had recommenced drug and alcohol testing using a different methodology after dispute resolution clause invoked by union …
Judge: BROMWICH J - 29 Jul 2025:
Mbuzi v World Vision Australia [2025] FCA 866
INDUSTRIAL LAW – appeal from decision of Federal Circuit and Family Court – primary judge dismissed claim that the respondent had contravened s 45 of the Fair Work Act 2009 (Cth) – appellant alleged hearing was invalid because respondent was legally represented without leave in breach of s 548(5) – jurisdiction of Court in small claims proceedings …
Judge: RANGIAH 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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