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The Employment and Industrial Relations National Practice Area (NPA) covers matters that are substantially of a character of employment and/or industrial relations, including:

• matters involving the exercise of jurisdiction under the Fair Work Act 2009 (Cth) (Fair Work Act), the Fair Work (Registered Organisations) Act 2009 (Cth) (Registered Organisations Act) and the Fair Work (Building Industry) Act 2012 (Cth)
• matters arising under the Competition and Consumer Act 2010 (Cth) relevant to boycotts, the conduct of employee organisations, and prohibited arrangements for goods and services or misleading conduct, where the issues relate to:
  • the conduct of any employer or employee; or
  • the conduct of any association of employers or employees or their officers or members in that capacity, such as may arise under ss 45D, 45DA, 45DC, 45DD, 45E, 45EA and 45EB, and s 31 of Schedule 2, of that Act
• matters arising under any anti-discrimination legislation or regulation of the Commonwealth or a State, where the issues relate to:
  • the conduct of any employer or employee; or
  • the conduct of any association of employers or employees or their officers or members
• matters arising under the Public Service Act 1999 (Cth)
• matters arising under the Independent Contractors Act 2006 (Cth)
• matters arising under the Safety, Rehabilitation and Compensation Act 1988 (Cth), including appeals under s 172 of the Administrative Review Tribunal Act 2024 (Cth)
• matters within the Court’s jurisdiction under s 273A of the Work Health and Safety Act 2011 (Cth), whether or not the matter is brought in the Fair Work Division of the Court
• employment-related matters involving an administrative decision by a person holding office under a Commonwealth Act
• matters in which mandamus, prohibition or similar relief is claimed against the Fair Work Commission
• matters remitted from the High Court of Australia in which the relief sought relates to an act or omission of the Fair Work Commission
• employment-related matters involving appeals or referrals from the Administrative Review Tribunal
• matters arising under a contract of employment or involving rights, entitlements or obligations of any employer or employee as such any other proceeding the character of which is substantially one of employment or industrial relations.

For a number of the matters listed above, the Federal Court is not the only court, and may not be the most appropriate court, in which to commence a proceeding. Section 539 of the Fair Work Act (contravention of civil remedy) is an example of a provision which identifies the courts in which proceedings may be commenced. In some cases, it may be necessary first to obtain the certificate of the Fair Work Commission: see, e.g. ss 370 and 778 of the Fair Work Act (unlawful termination applications). Intending applicants should give careful attention to these issues and requirements.

For further information, see also:

• Federal Circuit and Family Court of Australia
• Fair Work Commission

The practice note for this NPA sets out the arrangements for the management of employment and industrial relations proceedings:

Other practice notes which may be relevant to this NPA include:

Filing fees for commencing a proceeding in this NPA may apply. Information about Court fees, including the fees payable and circumstances where an exemption or deferral can be given is available in Forms, Fees & Costs or from the Registry.

Division 34.1 of the Federal Court Rules - Fair work proceedings

Parties to a proceeding that the Fair Work Act or the Registered Organisations Act applies must comply with Division 34.1 of the Federal Court Rules 2011 (Cth) (Rules) (see r 34.02).

The Court may in its discretion make orders dispensing with the requirements of the Rules or make any order that is inconsistent with the Rules.

Parties should consider whether it is necessary to file a Genuine Steps Statement (Form 16) in certain proceedings in this NPA - see r 8.02 of the Rules and the Civil Dispute Resolution Act 2011 (Cth) (including sections 6, 7 and 16).

Commencing a proceeding

Every proceeding in the Federal Court must be commenced in a Division - either the General Division or the Fair Work Division of the Court. Many of the proceedings in this NPA will be required to be commenced in the Fair Work Division, including proceedings under the Fair Work Act, the Fair Work (Registered Organisations) Act and the Fair Work (Building Industry) Act. In other situations, intending applicants should refer to the terms of the legislation under which the proceeding is brought. In the absence of a statutory requirement for a proceeding to be commenced in the Fair Work Division, it must be commenced in the General Division.

The types of cases within this NPA may fall within the following categories:

1. Civil matters
2. An application made to the Federal Court under one of its other heads of jurisdiction (writ of mandamus, prohibition or injunction; or declaration or injunction)
3. An appeal from the Administrative Review Tribunal (ART)
4. An appeal from the Federal Circuit and Family Court to the Federal Court
5. Criminal matters.

The tables below set out various types of matters in this NPA and the forms to be completed and the associated rules. The tables are not exhaustive.

Before commencing a proceeding you must ensure you have complied with the relevant legislation and the Rules, including Division 34.1.

1.  Civil matters

2.  An application made to the Federal Court under one of its other heads of jurisdiction

An application may also be commenced in the Federal Court for a range of remedies, such as for a writ of mandamus, prohibition or injunction; a declaration; or another type of injunctive relief.

3.  An appeal from the Administrative Review Tribunal (ART)

4.  An appeal from the Federal Circuit and Family Court to the Federal Court

5.  Criminal matters

For further procedural and case management information you should refer to the Central Practice Note and the Employment and Industrial Relations Practice Note.

All Forms

• Federal Court Act 1976 (Cth)
• Fair Work Act 2009 (Cth)
• Fair Work (Registered Organisations) Act 2009 (Cth)
• Fair Work (Building Industry) Act 2012 (Cth)
• Workplace Relations Act 1996 (Cth)
• Competition and Consumer Act 2010 (Cth)
• Public Service Act 1999 (Cth)
• Independent Contractors Act 2006 (Cth)
• Safety, Rehabilitation and Compensation Act 1988 (Cth)
• Administrative Review Tribunal Act 2024 (Cth)
• Work Health and Safety Act 2011 (Cth)
• Judiciary Act 1903 (Cth)

• 18 Mar 2025: Construction, Forestry and Maritime Employees Union v Qube Ports Pty Ltd [2025] FCA 208
  INDUSTRIAL LAW – declaratory relief under s 545 and pecuniary penalties under s 546 of the Fair Work Act 2009 (Cth) – multiple breaches of obligations to provide training under enterprise agreements – multiple contraventions of s 50 of the Act – course of conduct under s 547 of the Act – principles applicable to pecuniary penalties – application…
  Judge: FEUTRILL J
• 17 Mar 2025: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Jemena Networks (ACT) Pty Ltd [2025] FCA 203
  INDUSTRIAL LAW – penalty determination – where respondents failed to consult with applicant prior to amending the procedure for recording live work on or near the low voltage network and failed to establish a Safety Committee in contravention of enterprise agreement, s 50 of the Fair Work Act 2009 (Cth) and ss 47(1) and 47(2) Work Health and…
  Judge: NEEDHAM J
• 4 Mar 2025: Mining and Energy Union v OS ACPM Pty Ltd [2025] FCA 200
  INDUSTRIAL LAW– where the applicant applies for declarations regarding the Black Coal Mining Industry Award 2020 and the Black Coal Mining Industry Award 2010 – whether to admit hearsay evidence that is not objected to – whether the term “on a date agreed” was an operative term – whether to consider industrial context and history when interpreting …
  Judge: LOGAN J
• 13 Mar 2025: Elvin v Fair Work Ombudsman (No 3) [2025] FCA 195
  PRACTICE AND PROCEDURE – case management orders sought in course of appeal – single Judge exercising appellate jurisdiction – interlocutory application seeking order for interrogatories – interlocutory application seeking order to set aside notice to admit – interrogatories and notice to admit original jurisdiction tools under Chapter 2 Federal…
  Judge: COLLIER J
• 13 Mar 2025: Abley v Comcare [2025] FCA 194
  ADMINISTRATIVE LAW - appeal from decision of a member of the Administrative Appeals Tribunal - where Tribunal affirmed decision to deny liability to pay compensation to applicant pursuant to s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) - where respondent on appeal concedes that there has been jurisdictional error on the part…
  Judge: VANDONGEN J
• 11 Mar 2025: Farrell v Super Retail Group Limited (Application for Leave to Appeal Suppression Orders) [2025] FCA 170
  PRACTICE AND PROCEDURE – application for leave to appeal – where primary judge made suppressions orders “until further order” – no substantial injustice established –leave refused
  Judge: SHARIFF J
• 11 Mar 2025: Blue Rock Australia Pty Ltd v Kaushik [2025] FCA 176
  PRACTICE AND PROCEDURE – interlocutory application for urgent injunctive relief – where respondent a former employee of applicant’s – where employment contract contained restraint clause prohibiting post-employment solicitation of clients – where respondent tendered resignation to commence employment with applicant’s competitor – where applicant…
  Judge: SNADEN J
• 20 Feb 2025: Scott v Equatorial Launch Australia Pty Ltd (Application to Set Aside Subpoena) [2025] FCA 109
  PRACTICE AND PROCEDURE – Interlocutory application by witness to set aside subpoena to give evidence on ground that witness is mentally incapable of giving evidence – consideration of legal test for setting aside subpoena on mental health grounds – test established in R v Nona applied – satisfied witness mentally incapable of giving evidence…
  Judge: DOWLING J
• 6 Mar 2025: Siddiqui v Karl Thomas and M Irfan Pty Ltd trading as Mowbray Physiotherapy Services (No 2) [2025] FCA 146
  INDUSTRIAL LAW-appeal from Federal Circuit and Family Court of Australia-where, despite multiple appeal grounds, appellant demonstrates two errors-when an error is not material to the outcome at trial-extent of particularity required to make an allegation of contravention pursuant to s 557C(1)(a) of the Fair Work Act 2009 (Cth)- whether primary…
  Judge: MCELWAINE J
• 6 Mar 2025: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Elecnor Australia Pty Ltd [2025] FCA 156
  INDUSTRIAL LAW - Alleged contraventions of s 501 of the Fair Work Act 2009 (Cth) — permit holder exercising or seeking to exercise rights of entry under s 484 – consideration of the proper construction of s 484 – whether the applicant was required to establish that persons with each of the characteristics to which s 484 refers were present on the…
  Judge: WIGNEY J

• Federal Circuit and Family Court of Australia
• Fair Work Commission
• Fair Work Ombudsman
• Administrative Review Tribunal