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
- 24 May 2022:
Fair Work Ombudsman v Doll House Training Pty Ltd [2022] FCA 604
PRACTICE AND PROCEDURE - Application for dispensation from the operation of r 4.01(2) of the Federal Court Rules 2011 (Cth), to allow a director to appear on behalf of the respondent - complexity of proceeding - director likely to be a material witness - absence of evidence of the financial ability of the respondent and those who stand behind it…
Judge: Goodman J - 18 May 2022:
Security & Technology Services (NT) Pty Ltd v Hurley [2022] FCAFC 90
APPEAL AND NEW TRIAL -- appeal from two judgments of Federal Circuit and Family Court of Australia (Division 2) finding appellant contravened s 44 of Fair Work Act 2009 (Cth) and ordering it to pay compensation, pecuniary penalties, and costs -- where, after a day's hearing, the parties submitted consent orders allowing the appeal and remitting…
Judge: Katzmann, O'Callaghan and Thomas JJ - 12 May 2022:
Ashby v Commonwealth of Australia [2022] FCAFC 77
ADMINISTRATIVE LAW - where s 65(1) of the Public Governance Performance and Accountability Act 1913 (Cth) (PGPA Act) permits the Finance Minister on behalf of the Commonwealth to authorise acts of grace payments if the Minister considers it appropriate to do so because of special circumstances -- where appellant applied under the PGPA Act for an…
Judge: Katzmann, Abraham and Goodman 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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