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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 Court
• 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.

• 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)

• 17 Jul 2019: Ghimire v Karriview Management Pty Ltd [2019] FCA 1108
  PRACTICE AND PROCEDURE - applications for extension of time to appeal from decisions of Industrial Magistrates Court - where adequate explanation advanced for the delay - where applicants sought to pursue an appeal but misunderstood the process - where one ground of appeal had arguable merit - where judgment not acted upon by respondent - where…
  Judge: Colvin J
• 15 Jul 2019: Rossetti v Aus Gold Mining Group Pty Ltd (No 2) [2019] FCA 1104
  PRACTICE AND PROCEDURE - application for leave to amend defence -- where amendment sought very late and would cause hearing dates to be vacated -- where respondents had repeatedly failed to comply with court orders -- where delay explained -- where matter arising under the Fair Work Act 2009 (Cth), whether costs order could, and if so, should be…
  Judge: Katzmann J
• 15 Jul 2019: Martin v Norton Rose Fulbright Australia [2019] FCA 1101
  PRACTICE AND PROCEDURE - application for leave to appeal against an interlocutory judgment of a Judge of this Court - s 24(1A) of the Federal Court of Australia Act 1976 (Cth) - primary Judge dismissed an interlocutory application of the Applicant concerning issues of discovery and claims of legal professional privilege - whether there is…
  Judge: White J
• 12 Jul 2019: Construction, Forestry, Maritime, Mining and Energy Union v Milin Builders Pty Ltd [2019] FCA 1070
  INDUSTRIAL LAW - admitted contravention of s 501 of the Fair Work Act 2009 (Cth) (the "FW Act") - civil penalties - right of entry pursuant to pt 3-4 of the FW Act - whether entry was refused - meaning of the phrase 'refuse entry' - proportionality of penalty to contravening conduct - declaration of contravention of the FW Act - declaration sought …
  Judge: Snaden J
• 11 Jul 2019: Birner v Aircraft Turnaround Engineering Pty Ltd [2019] FCA 1085
  INDUSTRIAL LAW - meaning of 'casual full-time basis' in letter of employment - entitlement to annual leave - whether worker had been informed of the terms of his engagement - whether primary Judge erred in finding employee was a casual employee for the purposes of s 86 of the Fair Work Act 2009 (Cth) - alleged falsification of records - whether…
  Judge: Collier J
• 9 Jul 2019: Laycock v J & C Independent Carriers Pty Ltd [2019] FCA 1060
  INDUSTRIAL LAW - Fair Work - loading and unloading entitlement - definition of loading and unloading in the Road Transport (Long Distance Operations) Award 2010 - whether opening and closing curtains and strapping and unstrapping loads gives rise to loading and unloading entitlement
  Judge: Collier J
• 9 Jul 2019: Australian Building and Construction Commissioner v Ingham (The 180 Brisbane Construction Case) [2019] FCA 1052
  INDUSTRIAL LAW - alleged contraventions of Fair Work Act 2009 (Cth) ss 417(1) and 500 - whether contractors and subcontractors authorised or agreed to conduct of Union representatives - entry permits and entry notices - whether "open door" policy or requirement for Union representatives to give notice before entering site - where Union…
  Judge: Collier J
• 5 Jul 2019: Construction, Forestry, Maritime, Mining and Energy Union v DP World Sydney Ltd (No 2) [2019] FCAFC 114
  Judge: Rares Acj, Jagot and Bromwich JJ
• 5 Jul 2019: O'Neill v Commissioner of the Australian Federal Police (on behalf of the Commonwealth of Australia) [2019] FCA 1044
  INDUSTRIAL LAW - where enterprise agreement provided four weeks of maternity leave in addition to the 12 weeks provided in the Maternity Leave (Commonwealth Employees) Act 1973 (Cth) - where enterprise agreement enabled the total 16 weeks of maternity leave to be taken at half pay - whether full 32 week period of maternity leave at half pay to…
  Judge: Bromwich J
• 2 Jul 2019: Hastwell v Kott Gunning (No 2) [2019] FCA 1046
  COSTS - case management hearing - turns on own facts
  Judge: Jackson J

• 31 May 2018: What will the Australian Competition Tribunal do now without Limited Merits Review?
  Presented to the Federal Court by Justice Middleton

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