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
- 28 Jun 2024:
Avard v Australian Capital Territory [2024] FCA 690
INDUSTRIAL LAW - where applicant specialist in intensive care medicine - where applicant submitted reports of risks and injury using internal reporting system - where applicant directed to attend independent medical examination - where employer proposed that applicant would be suspended from duty with pay - where employee investigated for alleged…
Judge: Kennett J - 28 Jun 2024:
Mpinda v Fair Work Commission (No 2) [2024] FCA 692
CONTRACTS - informal contracts - intention to create legal relations AGENCY - solicitor and client - actual authority - implied authority - apparent or ostensible authority PRACTICE AND PROCEDURE - settlement agreement - compromise agreement
Judge: Feutrill J - 27 Jun 2024:
Atkins v North Australian Aboriginal Justice Agency Ltd [2024] FCA 686
CORPORATIONS - employee alleging her employer (a company) purported to dismiss her from her employment - employee alleging the purported dismissal was not legally effective - whether a resolution of the Board of a company for the termination of the company's Chief Executive Officer was made in compliance with the company's Constitution -…
Judge: Charlesworth 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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