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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)

• 10 Sep 2025: Torrens University Australia Limited v Fair Work Ombudsman (No 2) [2025] FCA 1120
  COSTS – application for indemnity costs or, in the alternative, party and party costs pursuant to s 570(2) of Fair Work Act 2009 (Cth) (FW Act) – where Fair Work Ombudsman issued compliance notice based on mistaken interpretation of meaning of “associated working time” in Awards – whether absence of reasonable belief under s 716 and s 717 of FW…
  Judge: HALLEY J
• 10 Sep 2025: BHP Coal Pty Ltd v Mining and Energy Union [2025] FCA 1116
  INDUSTRIAL LAW – application for a stay of regulated labour hire arrangement orders made by the Fair Work Commission – orders made under s 306E of the Fair Work Act 2009 (Cth) – no express statutory power to order a stay under the Act – if no stay granted and applicants ultimately successful, recovery of overpayments difficult – claims of…
  Judge: WHEELAHAN J
• 10 Sep 2025: Bartlett v Commonwealth of Australia [2025] FCA 1107
  PRACTICE AND PROCEDURE – where the applicant seeks to make allegations of adverse action by omission – where the applicant alleges breach of contract – where damages not sought for breach of contract – whether s‍ 44 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) is engaged – whether the allegations are a claim for common law damages …
  Judge: PERRAM J
• 2 Sep 2025: Graeber v University of Sydney [2025] FCA 1095
  PRACTICE AND PROCEDURE – Application for leave to appeal – where primary judge dismissed application for recusal – where primary judge has long term association and honorary position with respondent – where applicant contends primary judge misapplied test for apprehended bias – decision not attended within sufficient doubt to warrant grant of…
  Judge: RANGIAH J
• 5 Sep 2025: Ulan Coal Mines Pty Ltd v Association of Professional Engineers, Scientists and Managers, Australia [2025] FCAFC 127
  INDUSTRIAL LAW – application for judicial review of a decision of a Full Bench of the Fair Work Commission – where the Commission made a single interest employer authorisation under s 249 of the Fair Work Act 2009 (Cth) – whether the Commission misunderstood the nature of the inquiry and constructively failed to exercise its powers when making the …
  Judge: COLLIER, SNADEN AND RAPER JJ
• 5 Sep 2025: Australian Rail, Tram and Bus Industry Union v Qube Logistics (Rail) Pty Ltd [2025] FCA 1074
  INDUSTRIAL LAW – construction of s 539(2) Fair Work Act 2009 (Cth), item 4 – meaning of employee organisation to which the enterprise agreement concerned applies – where EBA had ceased to apply when proceeding commenced – separate question – National Tertiary Education Union v Monash University [2025] FCA 728 followed
  Judge: MCELWAINE J
• 5 Sep 2025: Fair Work Ombudsman v Woolworths Group Limited; Fair Work Ombudsman v Coles Supermarkets Australia Pty Ltd; Baker v Woolworths Group Limited; Pabalan v Coles Supermarkets Australia Pty Ltd [2025] FCA 1092
  INDUSTRIAL LAW – where regulatory proceedings brought by the Fair Work Ombudsman and class actions brought against the same employers are heard together – where employers are alleged to have underpaid entitlements owed to employees under the General Retail Industry Award 2010 – where compensation is sought under s 545 of the Fair Work Act 2009…
  Judge: PERRAM J
• 4 Sep 2025: Gunawardena v Boeing Aerostructures Australia Pty Ltd (No 2) [2025] FCA 1090
  PRACTICE AND PROCEDURE — application for an order restraining the respondent from continuing to retain its solicitors on the ground that the solicitors acted for the respondent in the negotiation and approval of an enterprise agreement alleged in the proceeding – no conflict – no basis for order sought – application dismissed.
  Judge: WHEELAHAN J
• 2 Sep 2025: Wilson v Victorian Aboriginal Child and Community Agency (No 2) [2025] FCA 1069
  PRACTICE AND PROCEDURE – application to set aside orders discontinuing proceeding and reinstate matter under s 23 of the Federal Court of Australia Act 1976 (Cth) – application dismissed
  Judge: BENNETT J
• 2 Sep 2025: Noorton Pty Ltd v Construction, Forestry and Maritime Employees Union [2025] FCAFC 120
  INDUSTRIAL LAW – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – where respondents alleged the appellant contravened s 45 of the Fair Work Act 2009 (Cth) – whether the Ports, Harbours and Enclosed Water Vessels Award 2010 applied to the second respondent – where FCFCOA found appellant to have contravened the…
  Judge: RAPER, HATCHER AND YOUNAN JJ

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