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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)

• 17 Jul 2025: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Elecnor Australia Pty Ltd (No 2) [2025] FCA 841
  INDUSTRIAL LAW – contravention of s 501 of the Fair Work Act 2009 (Cth) – refused permit holder entry on the mistaken belief that the union was not entitled to represent the workers – contended entry decision left to “low-level” officers – position regarding union entry described as a “considered industrial strategy” – whether course of conduct…
  Judge: WIGNEY J
• 25 Jul 2025: Dorsch v HEAD Oceania Pty Ltd [2025] FCA 854
  PRACTICE AND PROCEDURE – application for leave to appeal a costs order made by a single judge of the Federal Court – whether leave to appeal should be granted – whether substantial injustice occasioned if leave to appeal refused – whether primary judgment attended by sufficient doubt –whether arguable case exercise of discretion by primary judge…
  Judge: SNADEN J
• 14 Jul 2025: Construction, Forestry and Maritime Employees Union v Westbourne Constructions Pty Limited [2025] FCA 831
  INDUSTRIAL LAW – officials of the applicant attended the sites to investigate suspected work health and safety contraventions – respondent engaged in high risk construction work – false impression that notice under s 119 of the Work Health and Safety Act 2011 (NSW) was required before entry – assertion that a ‘safety walk’ could only commence once …
  Judge: WIGNEY J
• 23 Jul 2025: Edwards v Golden Cockerel Pty Ltd (No 2) [2025] FCA 834
  COSTS – whether s 570(2) Fair Work Act 2009 (Cth) enlivened – earlier judgment finding no case to answer by respondent – whether applicant commenced proceedings unreasonably – whether unreasonable act or omission of applicant – reasonable settlement offers of respondent during course of proceedings – failure of applicant to accept reasonable…
  Judge: COLLIER J
• 18 Jul 2025: Lattouf v Australian Broadcasting Corporation (Contempt) [2025] FCA 812
  CONTEMPT OF COURT – interlocutory application seeking that the Principal Registrar be directed to pursue an application for contempt – where a suppression and non-publication order was made prohibiting disclosure of names and contact details of certain persons – where intervening parties allege respondents breached the order by failing to remove…
  Judge: RANGIAH J
• 17 Jul 2025: Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation (No 2) [2025] FCAFC 90
  COSTS – where appeal from judgment of single judge allowed, in part –where both parties enjoyed measure of success – where declarations of primary judge set aside and remade – whether order of primary judge requiring appellant to pay respondent’s costs of proceeding below should be set aside – whether parties are to bear their own costs of appeal. …
  Judge: COLLIER, SNADEN AND HATCHER JJ
• 8 Jul 2025: Jats Joint Pty Ltd v Fair Work Ombudsman [2025] FCA 743
  INDUSTRIAL LAW – Employment – review of compliance notice – whether applicant committed a contravention of the kind set out in the notice – whether applicant failed to pay night shift penalty rate – where parties have differing interpretations of the Award. INDUSTRIAL LAW – Employment – interpretation of modern awards – Social, Community, Home…
  Judge: STELLIOS J
• 4 Jul 2025: Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Simpec Pty Ltd (Costs) [2025] FCA 735
  Judge: COLVIN J
• 4 Jul 2025: National Tertiary Education Union v Monash University (No 2) [2025] FCA 728
  INDUSTRIAL LAW – where respondent university employs academic staff engaged to perform sessional tutorial work – where engagement of those staff covered by relevant enterprise agreements – where staff scheduled to perform student consultation work – whether student consultation hours are to be treated as work inherent in administration of…
  Judge: SNADEN J
• 2 Jul 2025: Ord Minnett Holdings Pty Limited v Theodorou [2025] FCA 721
  INDUSTRIAL LAW – application for leave to appeal and appeal from Federal Circuit and Family Court of Australia (Division 2) judgment – whether primary judge erred in finding that the respondent’s position fell within the terms of cl B6 of Schedule B of the Banking, Finance and Insurance Award 2010 (the Award) – whether primary judge erred in…
  Judge: KENNETT J

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