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)

• 11 Sep 2026: Tan v Commonwealth of Australia (Department of Defence) (No 2) [2026] FCA 1350
  PRACTICE AND PROCEDURE - application to vacate hearing on basis that leave is being sought in light of direction under r 2.27(f) of the Federal Court Rules 2011 (Cth) - application denied
  Judge: VANDONGEN J
• 16 Sep 2026: Yacouba v Key Assets The Children’s Services Provider (Australia) Limited (leave to appeal) [2026] FCA 1371
  PRACTICE AND PROCEDURE – application for leave to appeal against interlocutory judgment – primary judge dismissed application under Federal Court Rules 2011 (Cth) r 39.05 to set aside previous order consolidating two proceedings – primary judge ordered that applicant’s affidavit containing scandalous material be removed from court file and that…
  Judge: HILL J
• 16 Sep 2026: Khattabi v Jetstar Airways Pty Limited [2026] FCA 1372
  PRACTICE AND PROCEDURE - recusal application - where the applicant unsuccessful in application – where substantive proceeding is an application for relief under the Fair Work Act 2009 (Cth)
  Judge: ABRAHAM J
• 11 Sep 2026: Banks v Melbourne Archdiocese Catholic Schools Ltd (Transfer Application) [2026] FCA 1347
  PRACTICE AND PROCEDURE – interlocutory application to transfer proceeding to Federal Circuit and Family Court of Australia (Division 2) – whether transfer is in the interests of the administration of justice – pleaded provisions not previously judicially considered – interlocutory application dismissed
  Judge: DOWLING J
• 15 Sep 2026: Raghib v Stantec Australia Pty Ltd (Final hearing) [2026] FCA 1354
  INDUSTRIAL LAW — application for judicial review of decisions of the Fair Work Commission at first instance and on appeal – where the applicant was dismissed from his employment with the first respondent for serious misconduct – where the applicant sought remedies for unfair dismissal under Part 3-2 of the Fair Work Act 2009 (Cth) – whether the…
  Judge: WHEELAHAN J
• 10 Sep 2026: Colgrave v TT-Line Company Pty Ltd [2026] FCA 1232
  WORKERS’ COMPENSATION – appeal from Administrative Review Tribunal – claim by injured employee for compensation under Seafarers Rehabilitation and Compensation Act 1992 (Cth) – where employee was 68 years of age and had reached “pension age” when he suffered the injury – whether compensation for incapacity was payable under Div 3 of Pt 2 of…
  Judge: HORAN J
• 8 Sep 2026: Totino v Metro Trains Melbourne Pty Ltd [2026] FCAFC 120
  INDUSTRIAL LAW – general protections – adverse action – appeal from Federal Circuit and Family Court of Australia (Div 2) – show cause letter sent to appellant proposing termination because of her medical incapacity and the respondent’s operational needs – appellant then dismissed from her employment for those reasons – reverse onus under s 361 of …
  Judge: MCEVOY, DOWLING AND HILL JJ
• 4 Sep 2026: Raghib v Stantec Australia Pty Ltd (Return of subpoena) [2026] FCA 1322
  PRACTICE AND PROCEDURE — return of subpoena – where the applicant caused subpoenas to be issued to a non-party to produce a document – where the addressee of the subpoenas and the first respondent objected to inspection of the document by the applicant on grounds of legal professional privilege and confidentiality – whether the applicant can call…
  Judge: WHEELAHAN J
• 4 Sep 2026: Gussen v Commonwealth of Australia as represented by Tertiary Education Quality and Standards Agency (No 2) [2026] FCA 1313
  PRACTICE AND PROCEDURE – costs – costs orders made following findings of unreasonable conduct – Fair Work Act 2009 (Cth) s 570 engaged – no issue of principle
  Judge: MCELWAINE J
• 2 Sep 2026: Reeve v Fair Work Commission (No 2) [2026] FCA 1295
  COSTS – where applicant unsuccessful in application for recusal on grounds of apprehended bias – where substantive proceeding is an application for an extension of time to seek judicial review under Administrative Decisions (Judicial Review) Act 1977 (Cth) of decisions of the Fair Work Commission – application of s 570 of the Fair Work Act 2009…
  Judge: MEAGHER J

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