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
- 15 Nov 2024:
Laing O'Rourke Australia Management Services Pty Ltd v Haley [2024] FCA 1323
INDUSTRIAL LAW - appeal from decision of Federal Circuit and Family Court of Australia (FCFCOA) in which primary judge found appellant liable for wrongful termination, adverse action contrary to s 340(1) of Fair Work Act 2009 (Cth) (FW Act) and a contravention of s 117(1) of FW Act - where appellant had summarily terminated employment of…
Judge: Shariff J - 14 Nov 2024:
Atanaskovic Hartnell Corporate Services Pty Limited v Kelly (No 2) [2024] FCAFC 147
COSTS - whether costs certificates should be granted under ss 6 and 8 of the Federal Proceedings (Costs) Act 1981 (Cth) - where the successful appeal and remittal for re-trial are the result of judicial error - where the respondent is an individual who acted reasonably in retaining legal representation - where the reasoning in the principal…
Judge: Collier, Logan and Goodman JJ - 8 Nov 2024:
Cavar v Australian Unity Home Care Services Pty Ltd [2024] FCA 1285
PRACTICE AND PROCEDURE - application for extension of time to file application for leave to appeal - no evidence of "incorrect instructions" given by Registry - attempt to file special leave application instead - explanation not given for whole of period of delay PRACTICE AND PROCEDURE - application for leave to appeal - no prospects of success of …
Judge: Needham 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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