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
- 18 Dec 2024:
Cavar v MSS Security Pty Ltd [2024] FCA 1460
PRACTICE AND PROCEDURE - strike out and summary judgment application - litigant in person - need to strike a balance between the challenges faced by a litigant in person and a respondent faced with a statement of claim that does not disclose in a comprehensible way the case (or cases) to be met - save for one cause of action, the statement of…
Judge: Goodman J - 18 Dec 2024:
Construction, Forestry and Maritime Employees Union v AMK Images Pty Ltd (in liq) (No 2) [2024] FCA 1457
INDUSTRIAL LAW - appeal from orders made by the Federal Circuit and Family Court of Australia (Division 2) imposing penalties for contraventions of the Fair Work Act 2009 (Cth) - whether appeal incompetent by reason of an agreement reached between the parties before the primary judge concerning submissions to be made, or by reason of an estoppel - …
Judge: Goodman J - 16 Dec 2024:
Sydney Trains v Australian Rail, Tram and Bus Industry Union (Leave to Intervene) [2024] FCA 1466
PRACTICE AND PROCEDURE -- application pursuant to r 9.12 of the Federal Court Rules 2011 (Cth) for leave to intervene in a proceeding - where the Assistant Secretary of the Australian Council of Trade Unions sought leave to intervene to make submissions concerning the construction of the Fair Work Act 2009 (Cth) - where the proposed intervener's…
Judge: Wheelahan 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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