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
- 21 May 2025:
Williams v Natural Solar Pty Ltd (Urgent Reinstatement Application) [2025] FCA 527
INDUSTRIAL LAW – interlocutory application for reinstatement of employment and restraining termination without leave – whether relief sought is interlocutory or final –alleged adverse action within meaning of ss 341 and 342 of the Fair Work Act 2009 (Cth) – alleged whistleblower protections arising from disclosures made under part 9.4AAA of the…
Judge: NEEDHAM J - 23 May 2025:
Avard v Australian Capital Territory [2025] FCAFC 72
INDUSTRIAL LAW – appeal from single judge – interpretation of enterprise agreements – whether “preliminary assessment” requires procedural fairness – where enterprise agreements prescribe procedural fairness regime – where formal investigations subject to procedural fairness regime – where “preliminary assessment” not a formal investigation –…
Judge: CHARLESWORTH, STELLIOS AND LONGBOTTOM JJ - 20 May 2025:
Mpinda v Fair Work Commission (No 4) [2025] FCA 519
PRACTICE AND PROCEDURE – interlocutory application, in substance, for determination of separate questions and dismissal following determination of questions – hearing in absence of applicant – notice and service of application on applicant ADMINISTRATIVE LAW– discretion to grant constitutional writs – statutory duty performed after commencement of …
Judge: FEUTRILL 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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