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
- 11 Feb 2025:
General Manager, Fair Work Commission v Asmar (Stay application) [2025] FCA 67
PRACTICE AND PROCEDURE - application for stay of proceedings - whether criminal proceedings "on the cards" - whether real risk of prejudice - progress of criminal investigation unknown - cannot be satisfied criminal proceedings "on the cards" - insufficient prejudice to stay proceedings - stay application dismissed
Judge: Dowling J - 7 Feb 2025:
Electoral Commissioner, in the matter of an inquiry relating to an election for an office in the Australian Education Union (No 2) [2025] FCA 57
INDUSTRIAL LAW - Inquiry into election for office in branch of registered organisation under the Fair Work (Registered Organisations) Act 2009 (Cth) - election of delegates to branch conference - where irregularity involving breach of rules of registered organisation - where failure to give notice of defective nomination and opportunity to remedy…
Judge: Horan J - 5 Feb 2025:
United Firefighters' Union of Australia v Fire Rescue Victoria [2025] FCAFC 7
COSTS - application for leave to discontinue - where originating application sought constitutional writs in respect of decision of Fair Work Commission exercising arbitral powers under an enterprise agreement - where hearing of originating application vacated upon application for leave to discontinue - whether applicant should pay first…
Judge: Katzmann, Snaden and Shariff 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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