Employment & Industrial Relations NPA logo with link NPA logo with link

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


  • 19 Apr 2024: Heal v Sydney Flames Basketball Pty Ltd [2024] FCA 401
    INDUSTRIAL LAW - general protections - adverse action - workplace rights - whether employee had or exercised workplace rights - whether alleged workplace rights were workplace rights within the meaning of s 341(1)(c) of the Fair Work Act 2009 (Cth) (FW Act) - consideration of the meaning of "complaint" or "inquiry" an employee is "able to make"…
    Judge: Halley J
  • 18 Apr 2024: O'Brien v Caboolture Aero Club Inc [2024] FCA 392
    PRACTICE AND PROCEDURE - application for leave to amend statement of claim - whether there is sufficient explanation for the delay - whether amendments are 'hopeless' and could not succeed - whether there is prejudice suffered by the respondents - whether issues arise out of the same substratum of facts - amendments required to determine the real…
    Judge: Meagher J
  • 9 Apr 2024: Fair Work Ombudsman v DTF World Square Pty Ltd (in liq) (No 4) [2024] FCA 341
    INDUSTRIAL LAW -- pecuniary penalties -- where corporate respondents found to have contravened multiple provisions of the Fair Work Act 2009 (Cth) and participated in a fraudulent scheme to conceal their wrongdoing from authorities -- where two senior employees (accessories) were found to have been involved in most of those contraventions and…
    Judge: Katzmann J

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:
  • Form 79 - Originating application under the Fair Work Act alleging dismissal in contravention of a general protection
Rules:
  • Commencing application for a writ of mandamus, prohibition or injunction under section 39B of the Judiciary Act 1903 (Cth) must file:
Forms:
  • Form 69 – Originating application for relief under Section 39B Judiciary Act
Rules:

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