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
- 30 Jan 2023:
Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2023] FCA 36
INDUSTRIAL LAW - imposition of pecuniary penalties - whereas the respondents admitted contraventions of s 500 of the Fair Work Act 2009 (Cth) - whereas the applicant seeks the Court make declarations as to contraventions and impose personal payment orders on individual respondents - determination of appropriate pecuniary penalty - relevance of…
Judge: Collier J - 30 Jan 2023:
Construction Forestry, Maritime, Mining and Energy Union v BM Alliance Coal Operations Pty Ltd [2023] FCA 30
INDUSTRIAL LAW - s 340 Fair Work Act 2009 (Cth) - whether adverse action taken against employee of independent contractor for exercising a workplace right - whether employee exercised workplace right - 'workplace law' - 'workplace right' - s 12 Fair Work Act - whether Standard Operating Procedure a 'workplace instrument' - Coal Mining Safety and…
Judge: Collier J - 25 Jan 2023:
Messenger v Commonwealth of Australia (Represented by the Department of Finance) (No 2) [2023] FCA 20
COSTS - applications for costs pursuant to s 570 of the Fair Work Act 2009 (Cth) ("FW Act") - where primary judgment dismissed applications made under ss 50, 323, 340 and 355 of the FW Act - whether proceedings instituted vexatiously or without reasonable cause - whether applicants committed an unreasonable act or acts occasioning costs - where…
Judge: Snaden 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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