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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 44 of the Administrative Appeals Tribunal Act 1975 (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 Appeals 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 Court
• 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.

• 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 Appeals Tribunal Act 1975 (Cth)
• Work Health and Safety Act 2011 (Cth)
• Judiciary Act 1903 (Cth)

• 24 Jan 2020: Victorian Xray Group Pty Ltd v Ho [2020] FCA 27
  PRACTICE AND PROCEDURE - appeal from decision of magistrate sitting in the Industrial Division of the Magistrates' Court of Victoria - notice of objection to competency - whether appeal lies to the Federal Court by reason of s. 565 of the Fair Work Act 2009 (Cth) - whether the magistrate was exercising jurisdiction under the Fair Work Act 2009…
  Judge: Steward J
• 6 Jan 2020: Martin v Norton Rose Fulbright Australia (No 7) [2020] FCA 5
  PRACTICE AND PROCEDURE - Federal Court of Australia Act 1976 (Cth) s 20(2) - whether single judge of the Federal Court of Australia lacks jurisdiction to determine whether Fair Work Commission has jurisdiction under Part 3-1 of the Fair Work Act 2009 (Cth)
  Judge: Kerr J
• 23 Dec 2019: Newton v Australian Postal Corporation (No 2) [2019] FCA 2192
  INDUSTRIAL LAW - Fair Work Act 2009 (Cth) ("FW Act"), ss 340, 348 and 355 - where in reliance upon s 348 union representative alleged to have made threats to take action against employer with intent to coerce employer to engage in industrial activity, being removal of employee from position and cessation of a project ("project") - where in…
  Judge: Bromberg J
• 19 Dec 2019: Rooney v AGL Energy Limited [2019] FCA 2157
  PRACTICE AND PROCEDURE - subpoena - objection to inspection of documents produced - whether inspection would contravene s 588 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) - objection dismissed
  Judge: Snaden J
• 19 Dec 2019: Construction, Forestry, Maritime, Mining and Energy Union V BM Alliance Coal Operations Pty Ltd (No 2) [2019] FCA 2146
  INDUSTRIAL LAW - interlocutory application for summary dismissal of proceedings - relevant principles of statutory construction - where applicant and respondent were not parties to previous proceeding before Fair Work Commission - whether originating application is statute barred by s 725 of the Fair Work Act 2009 (Cth) - whether s 725 is…
  Judge: Collier J
• 19 Dec 2019: Construction, Forestry, Maritime, Mining and Energy Union v Hay Point Services [2019] FCA 2145
  INDUSTRIAL LAW - construction of enterprise agreement - whether overtime hours required by respondent reasonable - where "reasonable overtime" had been defined in the enterprise agreement - whether respondent contravened s 50 of the Fair Work Act 2009 (Cth)
  Judge: Collier J
• 19 Dec 2019: White, in the matter of an election for an office in Transport Workers' Union of Australia, Queensland Branch [2019] FCA 2131
  INDUSTRIAL LAW - Inquiry into election for offices in an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cth) - 2018 Transport Workers' Union of Australia Queensland Branch Election - allegation of irregularities - whether applicant bears onus of establishing an irregularity - whether the comments made by union…
  Judge: Collier J
• 18 Dec 2019: Martin v Norton Rose Fulbright Australia [2019] FCAFC 234
  PRACTICE AND PROCEDURE - leave to appeal from interlocutory decision granted - failure to file notice of appeal within time - application for extension of time - extension refused - delay on part of applicant - insufficient prospects of success - interests of justice - finality in litigation EVIDENCE - claim for legal professional privilege -…
  Judge: Besanko, Flick and Abraham JJ
• 13 Dec 2019: Pizzeys Patent and Trade Mark Attorneys Pty Limited v Bennett [2019] FCA 2084
  DISCOVERY - application for preliminary discovery - whether it is objectively reasonable that the prospective applicant believes there to be a misuse of confidential information by the prospective respondents - sufficient evidence to support reasonableness of belief - sufficiency of information already obtained - discretion - application granted
  Judge: Jagot J
• 13 Dec 2019: Whelan v Cigarette & Gift Warehouse [2019] FCA 2064
  INDUSTRIAL LAW - penalty hearing - court determination of penalties to be imposed - broad discretion to determine quantum of penalties to be imposed - relevant considerations in determining appropriate penalties - whether penalty is proportionate to the offence - whether penalties should be paid to the applicant COSTS - application by both parties …
  Judge: Collier J

• 31 May 2018: What will the Australian Competition Tribunal do now without Limited Merits Review?
  Presented to the Federal Court by Justice Middleton

• Federal Circuit Court of Australia
• Fair Work Commission
• Fair Work Ombudsman
• Administrative Appeals Tribunal