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
- 24 Jun 2026:
Construction, Forestry and Maritime Employees Union v GC Crane Hire Pty Ltd as Trustee for GA Caelli Discretionary Trust [2026] FCA 793
INDUSTRIAL LAW – application for statutory compensation pursuant to provisions of the Fair Work Act 2009 (Cth) (“FW Act”) – respondent alleged to have contravened an applicable enterprise agreement (and thereby s 50 of the FW Act) in failing to afford entitlements to two of its employees both during and upon termination of employment – where…
Judge: SNADEN J - 19 Jun 2026:
Scott v Equatorial Launch Australia Pty Ltd (in liquidation) (No 2) [2026] FCA 788
INDUSTRIAL LAW – application for relief pursuant to a “commitment amount contract” and employment contract – whether commitment amount contract varied or replaced – whether commitment amount contract was replaced by an Employee Share Option Plan – whether applicant is estopped from resiling from a representation or promise that she wished to…
Judge: DOWLING J - 19 Jun 2026:
Mokhtari v Piacentini & Son Pty Ltd (No 6) [2026] FCA 790
PRACTICE AND PROCEDURE – interlocutory application to set aside subpoena – where subpoena sought for applicant's medical records – - where the applicant's mental health is at the heart of the case - where subpoena has legitimate forensic purpose in relation to issues in proceedings – application refused
Judge: COLVIN 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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