Employment and Industrial Relations

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)

• 23 Oct 2026: Gavin v Svitzer Australia Pty Ltd (Relief) [2026] FCA 1582
  INDUSTRIAL LAW – employment – question of relief – where applicant seeks reinstatement, compensation for economic and non-economic loss to the date of reinstatement, and a further amount for aggravated (or general) damages and interest, or, alternatively, compensation for past and future economic loss, a further amount for aggravated damages and…
  Judge: NEEDHAM J
• 23 Oct 2026: Boi v Aldi Foods Pty Ltd [2026] FCA 1576
  REPRESENTATIVE PROCEEDINGS – application for approval of a settlement pursuant to s 33V(1) of the Federal Court of Australia Act 1976 (Cth) – claims by current and former employees for unpaid work in contravention of s 50 of the Fair Work Act 2009 (Cth) – parallel penalty proceeding by union raising common issue – settlement of both proceedings…
  Judge: MCELWAINE J
• 22 Oct 2026: Testart v Testart (No 3) [2026] FCA 1558
  PRACTICE AND PROCEDURE – application to “vacate” stay consequent upon election of the trustee of a bankrupt’s estate to discontinue proceeding under s 60(2) of the Bankruptcy Act 1966 (Cth) and to “reinstate” proceeding – where sequestration order set aside after trustee’s election to discontinue – where r 90-80 of the Insolvency Practice Rules…
  Judge: O'CALLAGHAN J
• 21 Oct 2026: Fair Work Ombudsman v Sadamatsu [2026] FCA 1568
  PRACTICE AND PROCEDURE – application for default judgment under r 5.23 of the Federal Court Rules 2011 (Cth) – where the respondent has failed to file a defence, comply with Court orders or attend the case management hearing or the hearing – application granted
  Judge: RAPER J
• 20 Oct 2026: Grigorovich v Newsome trading as Envirotech AU [2026] FCA 1549
  PRACTICE AND PROCEDURE – application by appellant for deemed or substituted service – where appellant seeks order for substituted service on former lawyers or for service by email or by WhatsApp – where respondent has moved to United Kingdom – where respondent has not given any response to appellant's attempts at service – where former lawyers…
  Judge: COLVIN J
• 20 Oct 2026: Raniga v Charter Keck Cramer Pty Ltd [2026] FCA 1551
  PRACTICE AND PROCEDURE – application for suppression and non-publication orders pending mediation – whether orders necessary to prevent prejudice to the proper administration of justice – orders made on a narrower basis than those sought, confined to parts of the documents necessary to preserve the utility of the mediation – where concise…
  Judge: STELLIOS J
• 15 Oct 2026: Onyema v Commonwealth of Australia (as represented by the Australian Taxation Office) (extension of time, application for stay) [2026] FCA 1530
  PRACTICE AND PROCEDURE – application for judicial review of decision to terminate employment – whether an extension of time required – application was lodged within time – whether stay of termination decision should be granted – lack of any apparent merit in applicant’s arguments – stay refused – other procedural matters
  Judge: HILL J
• 15 Oct 2026: Lye v Comcare [2026] FCA 1517
  ADMINISTRATIVE LAW – Appeal from decision of Administrative Review Tribunal – Where parties agree that decision of Tribunal the product of legal error – Where parties consent to Tribunal decision being set aside and matter being remitted for redetermination according to law – Whether consent orders requiring specific constitution of Tribunal on…
  Judge: SNADEN J
• 13 Oct 2026: Kavanagh v Atlassian Pty Ltd [2026] FCA 1509
  PRACTICE AND PROCEDURE – application for final confidentiality and non-publication orders under s 37AF(1) of the Federal Court of Australia Act 1976 (Cth) until 14 days after mediation process is terminated – where proceeding at early stage and not yet docketed – where no order has been made referring the proceeding to mediation – where orders are …
  Judge: STELLIOS J
• 13 Oct 2026: Australian Workers’ Union v Chevron Australia Pty Ltd [2026] FCA 1492
  INDUSTRIAL LAW – where employees of the respondent were employed under individual contracts which entitled them to a “Field Loading Allowance” and a “Transport Allowance” (the Allowances) – where employees engaged in protected industrial action – where respondent made proportionate deductions from the employees’ salary purportedly under s 470(1)…
  Judge: LENEHAN J

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