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 Mar 2025:
Construction, Forestry and Maritime Employees Union v Qube Ports Pty Ltd [2025] FCA 208
INDUSTRIAL LAW – declaratory relief under s 545 and pecuniary penalties under s 546 of the Fair Work Act 2009 (Cth) – multiple breaches of obligations to provide training under enterprise agreements – multiple contraventions of s 50 of the Act – course of conduct under s 547 of the Act – principles applicable to pecuniary penalties – application…
Judge: FEUTRILL J - 17 Mar 2025:
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Jemena Networks (ACT) Pty Ltd [2025] FCA 203
INDUSTRIAL LAW – penalty determination – where respondents failed to consult with applicant prior to amending the procedure for recording live work on or near the low voltage network and failed to establish a Safety Committee in contravention of enterprise agreement, s 50 of the Fair Work Act 2009 (Cth) and ss 47(1) and 47(2) Work Health and…
Judge: NEEDHAM J - 4 Mar 2025:
Mining and Energy Union v OS ACPM Pty Ltd [2025] FCA 200
INDUSTRIAL LAW– where the applicant applies for declarations regarding the Black Coal Mining Industry Award 2020 and the Black Coal Mining Industry Award 2010 – whether to admit hearsay evidence that is not objected to – whether the term “on a date agreed” was an operative term – whether to consider industrial context and history when interpreting …
Judge: LOGAN 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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