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
- 2 Jul 2025:
Ord Minnett Holdings Pty Limited v Theodorou [2025] FCA 721
INDUSTRIAL LAW – application for leave to appeal and appeal from Federal Circuit and Family Court of Australia (Division 2) judgment – whether primary judge erred in finding that the respondent’s position fell within the terms of cl B6 of Schedule B of the Banking, Finance and Insurance Award 2010 (the Award) – whether primary judge erred in…
Judge: KENNETT J - 21 May 2025:
Lamson Concepts Pty Ltd v Schmidt [2025] FCA 677
PRACTICE AND PROCEDURE - interlocutory application for urgent injunctive relief - enforceability of restraint of trade provisions contained in unsigned employment contract - whether acceptance implied - whether prima facie case established - whether balance of convenience favours grant of injunction - injunction granted
Judge: VANDONGEN J - 27 Jun 2025:
AxiCorp Financial Services Pty Ltd v CABC (No 2) [2025] FCA 698
COSTS — application for costs under s 570 of the Fair Work Act 2009 (Cth) — whether respondent engaged in unreasonable act or omission by not giving undertaking over alleged confidential information — where applicant sought injunction and suppression orders to prevent disclosure of alleged confidential information — where applicant sought costs on …
Judge: BROMWICH 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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