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
- 14 Oct 2021:
Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 4) [2021] FCA 1242
INDUSTRIAL LAW - allegations of multiple contraventions of numerous civil penalty provisions of the Fair Work Act 2009 (Cth) relating to employment of seven massage therapists recruited to work from the Philippines - which, if any, award applied - whether employer contravened s 45 of the Act by failing to pay minimum wages, public holiday and…
Judge: Katzmann J - 8 Oct 2021:
Alam v National Australia Bank Limited [2021] FCAFC 178
INDUSTRIAL LAW - appeal against the dismissal of an adverse action claim - Appellant claimed that her employment had been terminated because of her exercise, and proposed exercise, of her workplace right to make complaints or inquiries in relation to her employment - whether the primary Judge erred in failing to consider whether each alleged…
Judge: White, O'Callaghan and Colvin JJ - 6 Oct 2021:
Lee v Fair Work Commission [2021] FCA 1188
PRACTICE AND PROCEDURE - application for extension of time to seek leave to appeal against interlocutory judgment of a single judge of the Federal Court - primary judge dismissed the proceeding on the basis of procedural deficiencies in the applicant's originating application - application for leave to appeal filed nine days out of time - whether…
Judge: Rangiah J
Latest Speeches & Papers
- 3 Dec 2020:
Conversation on current issues in the practice of Employment and Industrial Law
Video recording of the webinar presented online on 3 December 2020.
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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