Employment & Industrial Relations NPA logo with link NPA logo with link

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 2024: Australian Nursing and Midwifery Federation v Monash Health [2024] FCA 534
    INDUSTRIAL LAW - enterprise agreement - long service leave - construction of the Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020-2024 - whether two registered nurses employed by the respondent as Award-entitled Employees under the Agreement were entitled to long service leave - where…
    Judge: Wheelahan J
  • 24 May 2024: Hamilton v Department of Justice and Community Safety [2024] FCA 558
    INDUSTRIAL LAW - general protections claim under Fair Work Act 2009 (Cth) - termination of employment - where applicant filed application outside the statutorily prescribed period - application for extension of time - where justice requires the granting of an extension of time under s 370(a)(ii) of Fair Work Act 2009 (Cth)
    Judge: Horan J
  • 24 May 2024: All Care Australia Pty Ltd v Fair Work Ombudsman [2024] FCA 545
    PRACTICE AND PROCEDURE - application for stay of proceeding pending determination of application in the Fair Work Commission - where application for variation of Award before Commission - where compliance notice under s 716 of the Fair Work Act 2009 (Cth) has been issued - application for review of compliance notice pursuant to s 717 of the Fair…
    Judge: Dowling J

Form & Rules


The key forms and rules for commencing proceedings are:

  • Commencing an originating application alleging dismissal in contravention of a general protection proceeding:
Forms:
  • Form 79 - Originating application under the Fair Work Act alleging dismissal in contravention of a general protection
Rules:
  • Commencing application for a writ of mandamus, prohibition or injunction under section 39B of the Judiciary Act 1903 (Cth) must file:
Forms:
  • Form 69 – Originating application for relief under Section 39B Judiciary Act
Rules:

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