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)

• 10 Aug 2026: Wijaya v Matthew Brothers Engineering Pty Ltd [2026] FCA 1165
  PRACTICE AND PROCEDURE — Objection to competency —Where Applicant filed incorrect form to commence appeal proceedings — Whether leave to appeal required — Whether explanation for delay was sufficient — Whether substantive case has any merit — Where Applicant made substantially the same submissions as were made before the primary judge — What is…
  Judge: WHEATLEY J
• 20 Aug 2026: Ullah v OM Security Pty Ltd [2026] FCA 1175
  PRACTICE AND PROCEDURE – application for leave to appeal costs order made against applicant by primary judge – whether applicant’s request to have matter listed for urgent case management hearing was unreasonable pursuant to s 570(2)(b) of the Fair Work Act 2009 (Cth) – whether primary judge erred in principle in exercising discretion –…
  Judge: WIGNEY J
• 20 Aug 2026: WorkPac Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation (Costs) [2026] FCA 1181
  COSTS – whether the parties enjoyed mixed success in determination of separate questions – whether one party enjoyed real practical success – whether costs order premature where leave to appeal filed – whether costs order premature where outstanding issue of liability – whether lump sum costs order appropriate – respondent awarded costs
  Judge: YOUNAN J
• 17 Aug 2026: Naude v DRA Australia Pty Ltd (No 2) [2026] FCA 1157
  PRACTICE AND PROCEDURE – application for inspection of discovered documents over which legal professional privilege is claimed – communications allegedly in furtherance of illegal conduct – objective circumstances provide no reason to doubt basis articulated for privilege claim – application dismissed
  Judge: JACKSON J
• 6 Aug 2026: Transport Workers’ Union of Australia v Qantas Airways Limited (Settlement Administration) [2026] FCA 1160
  INDUSTRIAL LAW – pecuniary penalty – distribution of balance of penalty – prior orders linking distribution to settlement compensation scheme – delay in administration – whether remaining penalty should be uncoupled from compensation scheme – distribution by reference to tenure PRACTICE AND PROCEDURE – representative proceeding – employee…
  Judge: LEE J
• 12 Aug 2026: Lye v Commonwealth of Australia (as represented by the Bureau of Meteorology) (No 2) [2026] FCA 1100
  PRACTICE AND PROCEDURE – application for review of a decision of a registrar pursuant to s 35A(5) of the Federal Court of Australia Act 1976 (Cth) – whether registrar erred by dismissing an application that a prior-determined application be “reopened for limited reconsideration” – registrar did not err – application dismissed – whether award of…
  Judge: SNADEN J
• 27 Jul 2026: White v Sydney Trains [2026] FCA 1117
  REPRESENTATIVE PROCEEDINGS – application for approval of settlement under s 33V(1) of the Federal Court of Australia Act 1976 (Cth) – where class alleged contraventions of the Fair Work Act 2009 (Cth) including underpayments of entitlements, failure to keep proper records, failure to pay wages in full and failure to provide requisite breaks –…
  Judge: PERRAM J
• 11 Aug 2026: Ockerby by his Proposed Litigation Representative Theriault v Ron Farris Real Estate Pty Ltd [2026] FCA 1113
  PRACTICE AND PROCEDURE – application to appoint litigation representative under r 9.63 of the Federal Court Rules 2011 (Cth) – where litigant alleged to lack capacity to conduct the proceedings on his own behalf and wishes for his wife to be his representative – where respondent opposes the application on the basis of alleged insufficiency in…
  Judge: COLVIN J
• 11 Aug 2026: Rindeklev v Commonwealth of Australia (No 3) [2026] FCA 1112
  COSTS – where employee unsuccessful in Fair Work Act 2009 (Cth) action and employer seeks an order for costs – where employer claims entitlement to costs under s 570 of the Fair Work Act on the basis of claims that the employee acted unreasonably by initiating proceedings without reasonable cause, conducted the proceedings in a confusing and…
  Judge: COLVIN J
• 7 Aug 2026: Gussen v Commonwealth of Australia as represented by the Tertiary Education Quality and Standards Agency [2026] FCA 1088
  PRACTICE AND PROCEDURE – Summary judgment applications pursuant to s 31A Federal Court of Australia Act 1976 (Cth) – multiple claims pleaded against multiple respondents – where claims are legally and factually misconceived – no reasonable prospects of success – summary judgment entered accordingly – no issue of principle
  Judge: MCELWAINE J

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