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
- 8 May 2025:
Wear v Montere E-College Pty Ltd [2025] FCA 434
PRACTICE AND PROCEDURE – application for default judgment under r 5.23 of the Federal Court Rules 2011 (Cth) – where the respondent has not participated in the proceeding or indicated any intention to defend claim – where applicant has sufficiently pleaded claim – application granted
Judge: RANGIAH J - 8 May 2025:
Gillham v Melbourne Symphony Orchestra Pty Ltd [2025] FCA 458
INDUSTRIAL LAW – interlocutory application seeking summary dismissal of proceedings or strike out of statement of claim – whether characterisation of provisions of Victorian statute as a “workplace law” under s 11 of the Fair Work Act 2009 (Cth) suitable for determination on interlocutory application – interlocutory application dismissed
Judge: MORTIMER CJ - 6 May 2025:
Wollermann v Fortrend Securities Pty Ltd (No 2) [2025] FCA 443
INDUSTRIAL LAW – final orders – pecuniary penalties – contraventions of ss 323 and 536 of the Fair Work Act 2009 (Cth) (FW Act) – scope of serious contravention under s 557A of the FW Act – consideration of principles relating to imposition of pecuniary penalties – penalties imposed
Judge: O’CALLAGHAN J
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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