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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)

• 21 Oct 2019: Birner v Aircraft Turnaround Engineering Pty Ltd (No 2) [2019] FCA 1706
  COSTS - application for successful respondent's costs - s 570 Fair Work Act 2009 (Cth) - whether the appeal was instituted without reasonable cause
  Judge: Collier J
• 18 Oct 2019: Zaghloul v Woodside Energy Limited (No 9) [2019] FCA 1718
  COSTS - application by respondent for costs consequent on applicant's amendment to the statement of claim - application for costs to be taxed and paid forthwith - where applicant is self-represented - where amendment made in the interests of effective case management - where no reason to depart from ordinary rule - orders made for applicant to pay …
  Judge: Colvin J
• 17 Oct 2019: Construction, Forestry, Maritime, Mining and Energy Union v Tahmoor Coal Pty Ltd [2019] FCA 1696
  INDUSTRIAL LAW - principles of construction of enterprise agreements INDUSTRIAL LAW - mine production bonus scheme - whether bonus only payable on holidays from Monday to Friday - whether payable on a weekend INDUSTRIAL LAW - whether specific provision excludes general provision in respect to payment of shift loading
  Judge: Flick J
• 16 Oct 2019: Fair Work Ombudsman v Hu (No 2) [2019] FCAFC 175
  PRACTICE AND PROCEDURE - s 570(2) of the Fair Work Act 2009 (Cth) - application for costs - conduct of appellant was not unreasonable such as to cause costs to be incurred - appeal was not such as to be instituted without reasonable cause - application refused
  Judge: Flick, Reeves and Bromberg JJ
• 16 Oct 2019: Leach v Comcare [2019] FCA 1698
  WORKERS' COMPENSATION - appeal of a decision of the Administrative Appeals Tribunal (the Tribunal) with respect to the operation of s 53(3)(c) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) - where the Tribunal found that the appellant had not advised Comcare of his injury "as soon as practicable" after becoming aware of…
  Judge: Reeves J
• 16 Oct 2019: Bronze Hospitality Pty Ltd v Hansson (No 2) [2019] FCA 1680
  INDUSTRIAL LAW - application for judicial review of decision of Full Bench of Fair Work Commission - claim for unfair dismissal under Pt 3-2 Div 2 of Fair Work Act 2009 (Cth) - whether casual employment met criteria in s 384(2)(a)(i) and s 384(2)(a)(ii) of Fair Work Act - point in time employee has objectively reasonable grounds for expectation of …
  Judge: Jackson J
• 14 Oct 2019: Australian Building and Construction Commissioner v Pattinson [2019] FCA 1654
  INDUSTRIAL LAW - pecuniary penalties - agreed contraventions - false or misleading statement about an obligation to engage in "industrial activity" - application of "no ticket, no start" philosophy - contravener knew statement was misleading, or was reckless as to that fact - analysis of the nature, gravity, character and seriousness of the…
  Judge: Snaden J
• 11 Oct 2019: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Aldi/Altona North Case) (No 2) [2019] FCA 1667
  INDUSTRIAL LAW - admitted contraventions of s 348 of the Fair Work Act 2009 (Cth) ("Act") which provides that a person must not organise or take or threaten to take any action to coerce another person to engage in industrial activity - admitted contraventions of s 346(c) of the Act which provides that a person must not take adverse action against…
  Judge: Bromberg J
• 11 Oct 2019: Australian Workers' Union v Registered Organisations Commissioner (No 9) [2019] FCA 1671
  INDUSTRIAL LAW - Fair Work (Registered Organisations) Act 2009 (Cth) ("RO Act"): s 331(2), power of Commissioner of Registered Organisations to conduct an investigation as to whether a civil penalty provision has been contravened if satisfied reasonable grounds for doing so - where Commissioner commenced investigation as to whether ss 237, 285,…
  Judge: Bromberg J
• 9 Oct 2019: Patrick Stevedores Holdings Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 1647
  INDUSTRIAL LAW - statement of agreed facts - agreement as to form of declaratory relief and penalties - principles to be applied - whether agreed penalties within permissible range
  Judge: Flick 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