More

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)

• 20 May 2025: Mpinda v Fair Work Commission (No 4) [2025] FCA 519
  PRACTICE AND PROCEDURE – interlocutory application, in substance, for determination of separate questions and dismissal following determination of questions – hearing in absence of applicant – notice and service of application on applicant ADMINISTRATIVE LAW– discretion to grant constitutional writs – statutory duty performed after commencement of …
  Judge: FEUTRILL J
• 14 May 2025: Sydney Markets Limited v Latham (Urgent Freezing Order) [2025] FCA 501
  PRACTICE AND PROCEDURE – urgent ex parte application for freezing orders under r 7.32 of the Federal Court Rules 2011 (Cth) – consideration of applicable principles – good arguable case for breaches – danger of frustrating prospective judgment - balance of convenience weighs in favour of granting relief
  Judge: NEEDHAM J
• 15 May 2025: Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation [2025] FCAFC 65
  INDUSTRIAL LAW – appeal from judgment of single judge – where court determined that appellant’s employees who performed shotfiring or related services at black coal mines were “eligible employee[s]” pursuant to Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) (“Administration Act”) – where statutory definition called up…
  Judge: COLLIER, SNADEN AND HATCHER JJ
• 14 May 2025: Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Simpec Pty Ltd (Liability) [2025] FCA 470
  INDUSTRIAL LAW - application for declaratory relief, compensation and interest in respect of annual leave and personal leave entitlements of workers employed in the Iron Bridge Project - where enterprise agreement allowed for system of works with unpaid authorised leave - where workers employed for a 21 days on-swing and 7 days off-swing roster -…
  Judge: COLVIN J
• 14 May 2025: Zirk-Sadowski v University of New South Wales [2025] FCAFC 64
  INDUSTRIAL LAW – appeal from dismissal of application for judicial review of three decisions of the Fair Work Commission – whether decisions attended by jurisdictional error – appeal dismissed. PRACTICE AND PROCEDURE – where appellant seeks review of registrar decisions, default and summary judgment, freezing and ancillary orders, and orders…
  Judge: WHEELAHAN, SNADEN AND MCELWAINE JJ
• 12 May 2025: Mbuzi v World Vision Australia [2025] FCA 466
  COURTS AND JUDGES – Bias – Reasonable apprehension of bias – Whether a fair-minded lay observer might reasonably apprehend that judge might not bring an impartial mind to the hearing of the proceeding – Knowledge and characteristics attributed to fair-minded lay observer – Whether logical connection established – Application dismissed
  Judge: MEAGHER J
• 8 May 2025: Wear v Montere E-College Pty Ltd [2025] FCA 434
  PRACTICE AND PROCEDURE – application for default judgment under r 5.23 of the Federal Court Rules 2011 (Cth) – where the respondent has not participated in the proceeding or indicated any intention to defend claim – where applicant has sufficiently pleaded claim – application granted
  Judge: RANGIAH J
• 8 May 2025: Gillham v Melbourne Symphony Orchestra Pty Ltd [2025] FCA 458
  INDUSTRIAL LAW – interlocutory application seeking summary dismissal of proceedings or strike out of statement of claim – whether characterisation of provisions of Victorian statute as a “workplace law” under s 11 of the Fair Work Act 2009 (Cth) suitable for determination on interlocutory application – interlocutory application dismissed
  Judge: MORTIMER CJ
• 6 May 2025: Wollermann v Fortrend Securities Pty Ltd (No 2) [2025] FCA 443
  INDUSTRIAL LAW – final orders – pecuniary penalties – contraventions of ss 323 and 536 of the Fair Work Act 2009 (Cth) (FW Act) – scope of serious contravention under s 557A of the FW Act – consideration of principles relating to imposition of pecuniary penalties – penalties imposed
  Judge: O’CALLAGHAN J
• 6 May 2025: Han v St Basil’s Homes (No 2) [2025] FCA 448
  INDUSTRIAL LAW – claims made by employee for orders as to compensation and penalties following determination that her employer had contravened ss 340(1)(a) and 351(1) of the Fair Work Act 2009 (Cth) (FW Act) – claim for compensation made under s 545(2)(b) of the FW Act – where employee claimed she suffered mental harm – where employee further…
  Judge: SHARIFF J

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