Employment & Industrial Relations NPA logo with link NPA logo with link

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

  • 5 Jun 2023: Isser v BHP WAIO Pty Ltd [2023] FCA 580
    PRACTICE AND PROCEDURE - application for relief under Pt 3-1 of the Fair Work Act 2009 (Cth) - where relief similarly sought in the Federal Circuit and Family Court of Australia (Division 2) ("FCFCOA") - whether FCFCOA proceeding associated matter - whether proceeding brought in contravention of s 32AA of the Federal Court of Australia Act 1976…
    Judge: Snaden J
  • 5 Jun 2023: Murdock v Virgin Australia Airlines Pty Ltd (No 2) [2023] FCA 569
    INDUSTRIAL LAW - conduct said to be in breach of various terms of the Fair Work Act 2009 (Cth) - alleged steps taken by the respondents in issuing directions that employees receive vaccinations to inoculate them against COVID-19 and subsequent termination of the applicants from their employment as a result of failing to comply with directions…
    Judge: Burley J
  • 1 Jun 2023: Gutierrez v MUR Shipping Australia Pty Limited (No 2) [2023] FCA 567
    DAMAGES - assessment of damages for economic loss - damages for economic loss awarded
    Judge: Burley J

Form & Rules

The key forms and rules for commencing proceedings are:

  • Commencing an originating application alleging dismissal in contravention of a general protection proceeding:
  • Form 79 - Originating application under the Fair Work Act alleging dismissal in contravention of a general protection
  • Commencing application for a writ of mandamus, prohibition or injunction under section 39B of the Judiciary Act 1903 (Cth) must file:
  • Form 69 – Originating application for relief under Section 39B Judiciary Act


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