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)

• 5 Oct 2026: Colgrave v TT-Line Company Pty Ltd (Costs) [2026] FCA 1462
  COSTS – application for indemnity costs – where applicant succeeded on appeal from decision of Administrative Review Tribunal – whether respondent persisted in hopeless case – where applicant made offer to compromise under Pt 25 of the Federal Court Rules 2011 (Cth) prior to hearing of appeal – where applicant obtained more favourable judgment –…
  Judge: HORAN J
• 18 Sep 2026: Alexiou v Australia and New Zealand Banking Group Limited [2026] FCA 1373
  INDUSTRIAL LAW – adverse action – where events occurred against backdrop of a regulatory investigation into rigging of the bank bill swap rate – where applicant had been stood down, his standing down had been reported by the press, his employment was terminated and his bonuses clawed back or forfeited – where action alleged to have been taken…
  Judge: PERRAM J
• 2 Oct 2026: Fair Work Ombudsman v Chambers [2026] FCA 1452
  INDUSTRIAL LAW – sham contracting – various contraventions of the Fair Work Act 2009 (Cth) alleged – where respondents directors of company – where Fair Work Ombudsman alleged company engaged cleaning workers as employees – whether company was engaging entity – applicable test for determining engaging entity following WorkPac Pty Ltd v Rossato…
  Judge: MEAGHER J
• 29 Sep 2026: Wu v Grow Technology Services Ltd [2026] FCA 1430
  PRACTICE AND PROCEDURE – application to amend originating application and statement of claim – whether proposed amended claims have any reasonable prospect of success – application for summary dismissal – whether allegations have been raised or should have been raised in previous proceedings – whether proceeding is an abuse of process COSTS –…
  Judge: PERRAM J
• 29 Sep 2026: Services Australia v Bonney [2026] FCA 1437
  PRACTICE AND PROCEDURE – Application for leave to appeal liability determination before grant of final relief in general protections proceedings in the Federal Circuit and Family Court of Australia (Division 2) – whether a grant of leave would lead to unjustifiable fragmentation of a drawn-out proceeding – held leave granted
  Judge: MCELWAINE J
• 25 Sep 2026: Flinders Ports Pty Ltd v Construction, Forestry, Maritime and Energy Union [2026] FCAFC 131
  INDUSTRIAL LAW – appeal from decision of South Australian Employment Court – where first respondent claimed appellant breached s 50 of Fair Work Act 2009 (Cth) by underpaying second respondent in respect of long service leave entitlements – construction and application of provisions for determining “ordinary weekly rate of pay” in s 3(2) of Long…
  Judge: ABRAHAM, O'SULLIVAN AND MCDONALD JJ
• 25 Sep 2026: Zhao v GHD Pty Ltd [2026] FCA 1412
  PRACTICE AND PROCEDURE – where the applicant commenced proceedings against the respondents in the Fair Work Commission (FWC) for breach of general protections in relation to conduct that allegedly occurred between March 2021 and January 2022 – where the applicant commenced proceedings in this Court seeking, among other things, civil penalties –…
  Judge: KENNETT J
• 24 Sep 2026: Woods v T&F.S. Woods Pty Ltd (No 2) [2026] FCA 1411
  APPEAL AND NEW TRIAL – industrial law – costs – where the appellant discontinued the proceeding several months before a six-day trial – where the respondent made an application for its costs of the proceeding under s 570(2)(a) and (b) of the Fair Work Act 2009 (Cth) – where the primary judge awarded costs under s 570(2)(b) of the Fair Work Act…
  Judge: MEAGHER J
• 24 Sep 2026: Raghib v Stantec Australia (Costs) [2026] FCA 1415
  COSTS – application by the first respondent for costs – whether the exceptions in s 570(2) of the Fair Work Act 2009 (Cth) are engaged – the exceptions are engaged because the proceedings were instituted without reasonable cause and the applicant’s conduct caused the first respondent to incur costs unreasonably – costs awarded on a party and party …
  Judge: WHEELAHAN J
• 23 Sep 2026: Sharpin v Qantas Airways Limited [2026] FCA 1399
  PRACTICE AND PROCEDURE – application for non-standard discovery – rr 20.12 and 20.15 of the Federal Court Rules 2011 (Cth) – whether order for discovery should be made – categories of documents relating to applicant’s medical history – whether documents directly relevant to issues raised by pleadings – relevance of documents relating to alleged…
  Judge: COLLIER J

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