Employment & Industrial Relations
About this NPA
The Employment and Industrial Relations National Practice Area (NPA) comprises of civil and criminal matters arising under the Fair Work jurisdiction and related legislation including:
- workplace-related applications
- writs of mandamus or prohibition
- injunctions
- declarations
- prosecutions
- matters transferred or appealed from the Federal Circuit and Family Court of Australia, other Courts or the Fair Work Commission.
Latest Judgments
- 20 Dec 2024:
Jolly v Sharma [2024] FCA 1511
INDUSTRIAL LAW - Application for interim orders under s 164(4) of the Fair Work (Registered Organisations) Act 2009 - whether there is a prima facie case that resolutions made by the Australian Rail, Tram and Bus Industry Union are invalid - whether there is a serious question to be tried - whether the balance of convenience favours the grant of…
Judge: Neskovcin J - 20 Dec 2024:
Weber v Thomas Foods International (Stawell) Pty Ltd (Interim Reinstatement) [2024] FCA 1506
INDUSTRIAL LAW -- jurisdiction of the Federal Court - where the applicant was dismissed from his employment as a truck driver by the first respondent (Thomas Foods) on the ground of alleged serious misconduct - where the applicant commenced a proceeding seeking relief including in relation to alleged contraventions of s 340 of the Fair Work Act…
Judge: Wheelahan J - 20 Dec 2024:
Australian Rail Track Corporation Limited v Australian Rail, Tram and Bus Industry Union [2024] FCAFC 170
INDUSTRIAL LAW - where parties were bargaining representatives for a proposed enterprise agreement and a majority of employees voted in support of agreement and Fair Work Commission approved agreement over objections of some bargaining representatives, whether Fair Work Commission has jurisdiction to make an industrial action workplace…
Judge: Collier, Katzmann and Snaden JJ
Practice Notes
- Central Practice Note (CPN-1)
- Employment and Industrial Relations Practice Note (E&IR-1)
Form & Rules
The key forms and rules for commencing proceedings are:
- Commencing an originating application alleging dismissal in contravention of a general protection proceeding:
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- Commencing application for a writ of mandamus, prohibition or injunction under section 39B of the Judiciary Act 1903 (Cth) must file:
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Legislation
- Federal Court Act 1976 (Cth)
- Fair Work Act 2009 (Cth)
- Fair Work (Registered Organisations) Act 2009 (Cth)
- Judiciary Act 1903 (Cth)
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