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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 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 Appeals Tribunal (AAT)
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 Appeals Tribunal (AAT)

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.

• 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)

• 29 Sep 2023: Toma v Fair Work Commission [2023] FCA 1163
  PRACTICE AND PROCEDURE - application for leave to appeal from decision to refuse leave to pursue racial discrimination action against Fair Work Commission and summary judgment - where applicant alleges apprehended bias by primary judge due to previous associations while in practice - where applicant alleges actual bias by primary judge - where…
  Judge: Bromwich J
• 29 Sep 2023: Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 7) [2023] FCA 1164
  PRACTICE AND PROCEDURE - application to set aside a notice to produce documents and a notice to admit facts - where notices issued after determination of liability and only remaining issues in the proceeding relate to orders for compensation, penalties and the form of declaratory relief - whether documents and admissions sought have any apparent…
  Judge: Katzmann J
• 27 Sep 2023: Twomey v Que 5 Pty Ltd [2023] FCA 1155
  INDUSTRIAL LAW - judicial review of decisions of Fair Work Commission - permission to appeal to Full Bench of Fair Work Commission refused - unfair dismissal - minimum employment period - small business employer - application dismissed
  Judge: Jackson J
• 27 Sep 2023: Willis Brothers Installations (Qld) Pty Ltd v Ruttley [2023] FCA 1147
  INDUSTRIAL LAW - appeal against quantum of penalties - where respondent conceded primary judge erred - appeal allowed - redetermination of penalties - where conduct was egregious and unjust - whether contraventions should be grouped together - where appellant has not been involved in other contraventions - where respondent was awarded compensation …
  Judge: Meagher J
• 26 Sep 2023: Fair Work Ombudsman v Rielly [2023] FCA 1144
  INDUSTRIAL LAW - pecuniary penalty - contravention of s 500 of the Fair Work Act 2009 (Cth) - where the Site Rules require all visitors to be accompanied - whether the first respondent was unaccompanied - meaning of "accompanied" - principles of pecuniary penalty - consideration of the appropriate pecuniary penalty - where non-indemnity order…
  Judge: Thomas J
• 21 Sep 2023: Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 6) [2023] FCA 1116
  PRACTICE AND PROCEDURE - referees - referee appointed pursuant to s 54A of the Federal Court of Australia Act 1976 (Cth) to provide opinion on the amount by which employees were underpaid in respect of hours worked and untaken annual leave balances - where adoption opposed, whether report should be adopted or rejected
  Judge: Katzmann J
• 21 Sep 2023: Carovska, in the matter of an application for an inquiry in relation to an election for offices in the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch [2023] FCA 1129
  INDUSTRIAL LAW - application for inquiry into elections for offices in an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cth) - allegation of irregularities -whether there are reasonable grounds for the application - inquiry ordered
  Judge: Raper J
• 20 Sep 2023: Fair Work Ombudsman v Blakeley [2023] FCA 1121
  INDUSTRIAL LAW - pecuniary penalty - contravention of s 500 of the Fair Work Act 2009 (Cth) - where first respondent issued a cease work direction - deliberate and targeted use of foul language - principles of pecuniary penalty - consideration of the appropriate pecuniary penalty - where applicant seeks a non-indemnity order
  Judge: Thomas J
• 18 Sep 2023: Woods v T&F.S. Woods Pty Ltd [2023] FCA 1108
  PRACTICE AND PROCEDURE - application for leave to appeal from decision to summarily dismiss proceeding -where the parties have previously entered into a Deed of Settlement and Release (the Deed) - proper construction of the Deed - whether current proceedings are barred by the Deed - meaning of "arising from" - whether the current proceedings are…
  Judge: Thomas J
• 15 Sep 2023: Michael v Network Ten Pty Limited [2023] FCA 1091
  INDUSTRIAL LAW - alleged breach of statutory obligations - application of enterprise agreement - where employee worked as an "executive producer" at a television network - whether employment was covered by enterprise agreement - where coverage of enterprise agreement was expressed by reference to an award - proper construction of award - whether…
  Judge: Snaden J

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