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The Employment and Industrial Relations National Practice Area (NPA) covers matters that are substantially of a character of employment and/or industrial relations, including:

• matters involving the exercise of jurisdiction under the Fair Work Act 2009 (Cth) (Fair Work Act), the Fair Work (Registered Organisations) Act 2009 (Cth) (Registered Organisations Act) and the Fair Work (Building Industry) Act 2012 (Cth)
• matters arising under the Competition and Consumer Act 2010 (Cth) relevant to boycotts, the conduct of employee organisations, and prohibited arrangements for goods and services or misleading conduct, where the issues relate to:
  • the conduct of any employer or employee; or
  • the conduct of any association of employers or employees or their officers or members in that capacity, such as may arise under ss 45D, 45DA, 45DC, 45DD, 45E, 45EA and 45EB, and s 31 of Schedule 2, of that Act
• matters arising under any anti-discrimination legislation or regulation of the Commonwealth or a State, where the issues relate to:
  • the conduct of any employer or employee; or
  • the conduct of any association of employers or employees or their officers or members
• matters arising under the Public Service Act 1999 (Cth)
• matters arising under the Independent Contractors Act 2006 (Cth)
• matters arising under the Safety, Rehabilitation and Compensation Act 1988 (Cth), including appeals under s 172 of the Administrative Review Tribunal Act 2024 (Cth)
• matters within the Court’s jurisdiction under s 273A of the Work Health and Safety Act 2011 (Cth), whether or not the matter is brought in the Fair Work Division of the Court
• employment-related matters involving an administrative decision by a person holding office under a Commonwealth Act
• matters in which mandamus, prohibition or similar relief is claimed against the Fair Work Commission
• matters remitted from the High Court of Australia in which the relief sought relates to an act or omission of the Fair Work Commission
• employment-related matters involving appeals or referrals from the Administrative Review Tribunal
• matters arising under a contract of employment or involving rights, entitlements or obligations of any employer or employee as such any other proceeding the character of which is substantially one of employment or industrial relations.

For a number of the matters listed above, the Federal Court is not the only court, and may not be the most appropriate court, in which to commence a proceeding. Section 539 of the Fair Work Act (contravention of civil remedy) is an example of a provision which identifies the courts in which proceedings may be commenced. In some cases, it may be necessary first to obtain the certificate of the Fair Work Commission: see, e.g. ss 370 and 778 of the Fair Work Act (unlawful termination applications). Intending applicants should give careful attention to these issues and requirements.

For further information, see also:

• Federal Circuit and Family Court of Australia
• Fair Work Commission

The practice note for this NPA sets out the arrangements for the management of employment and industrial relations proceedings:

Other practice notes which may be relevant to this NPA include:

Filing fees for commencing a proceeding in this NPA may apply. Information about Court fees, including the fees payable and circumstances where an exemption or deferral can be given is available in Forms, Fees & Costs or from the Registry.

Division 34.1 of the Federal Court Rules - Fair work proceedings

Parties to a proceeding that the Fair Work Act or the Registered Organisations Act applies must comply with Division 34.1 of the Federal Court Rules 2011 (Cth) (Rules) (see r 34.02).

The Court may in its discretion make orders dispensing with the requirements of the Rules or make any order that is inconsistent with the Rules.

Parties should consider whether it is necessary to file a Genuine Steps Statement (Form 16) in certain proceedings in this NPA - see r 8.02 of the Rules and the Civil Dispute Resolution Act 2011 (Cth) (including sections 6, 7 and 16).

Commencing a proceeding

Every proceeding in the Federal Court must be commenced in a Division - either the General Division or the Fair Work Division of the Court. Many of the proceedings in this NPA will be required to be commenced in the Fair Work Division, including proceedings under the Fair Work Act, the Fair Work (Registered Organisations) Act and the Fair Work (Building Industry) Act. In other situations, intending applicants should refer to the terms of the legislation under which the proceeding is brought. In the absence of a statutory requirement for a proceeding to be commenced in the Fair Work Division, it must be commenced in the General Division.

The types of cases within this NPA may fall within the following categories:

1. Civil matters
2. An application made to the Federal Court under one of its other heads of jurisdiction (writ of mandamus, prohibition or injunction; or declaration or injunction)
3. An appeal from the Administrative Review Tribunal (ART)
4. An appeal from the Federal Circuit and Family Court to the Federal Court
5. Criminal matters.

The tables below set out various types of matters in this NPA and the forms to be completed and the associated rules. The tables are not exhaustive.

Before commencing a proceeding you must ensure you have complied with the relevant legislation and the Rules, including Division 34.1.

1.  Civil matters

2.  An application made to the Federal Court under one of its other heads of jurisdiction

An application may also be commenced in the Federal Court for a range of remedies, such as for a writ of mandamus, prohibition or injunction; a declaration; or another type of injunctive relief.

3.  An appeal from the Administrative Review Tribunal (ART)

4.  An appeal from the Federal Circuit and Family Court to the Federal Court

5.  Criminal matters

For further procedural and case management information you should refer to the Central Practice Note and the Employment and Industrial Relations Practice Note.

All Forms

• Federal Court Act 1976 (Cth)
• Fair Work Act 2009 (Cth)
• Fair Work (Registered Organisations) Act 2009 (Cth)
• Fair Work (Building Industry) Act 2012 (Cth)
• Workplace Relations Act 1996 (Cth)
• Competition and Consumer Act 2010 (Cth)
• Public Service Act 1999 (Cth)
• Independent Contractors Act 2006 (Cth)
• Safety, Rehabilitation and Compensation Act 1988 (Cth)
• Administrative Review Tribunal Act 2024 (Cth)
• Work Health and Safety Act 2011 (Cth)
• Judiciary Act 1903 (Cth)

• 21 Feb 2025: Wollermann v Fortrend Securities Pty Ltd [2025] FCA 103
  INDUSTRIAL LAW - alleged contraventions of ss 323 and 536 of the Fair Work Act 2009 (Cth) (the Act) - civil remedy provisions - where the respondent employer partially withheld bonus payments from the applicants following their resignation - where the respondent employer unilaterally deducted amounts from an applicant's salary and allocated such…
  Judge: O'Callaghan J
• 11 Feb 2025: General Manager, Fair Work Commission v Asmar (Stay application) [2025] FCA 67
  PRACTICE AND PROCEDURE - application for stay of proceedings - whether criminal proceedings "on the cards" - whether real risk of prejudice - progress of criminal investigation unknown - cannot be satisfied criminal proceedings "on the cards" - insufficient prejudice to stay proceedings - stay application dismissed
  Judge: Dowling J
• 7 Feb 2025: Electoral Commissioner, in the matter of an inquiry relating to an election for an office in the Australian Education Union (No 2) [2025] FCA 57
  INDUSTRIAL LAW - Inquiry into election for office in branch of registered organisation under the Fair Work (Registered Organisations) Act 2009 (Cth) - election of delegates to branch conference - where irregularity involving breach of rules of registered organisation - where failure to give notice of defective nomination and opportunity to remedy…
  Judge: Horan J
• 5 Feb 2025: United Firefighters' Union of Australia v Fire Rescue Victoria [2025] FCAFC 7
  COSTS - application for leave to discontinue - where originating application sought constitutional writs in respect of decision of Fair Work Commission exercising arbitral powers under an enterprise agreement - where hearing of originating application vacated upon application for leave to discontinue - whether applicant should pay first…
  Judge: Katzmann, Snaden and Shariff JJ
• 3 Feb 2025: Lattouf v Australian Broadcasting Corporation [2025] FCA 62
  PRACTICE AND PROCEDURE - application for a suppression and non-publication order under s 37AF of the Federal Court of Australia Act 1976 (Cth) - whether the order is necessary to protect the safety of any person - that persons will be vilified or harassed if their identities and contact details were disclosed - application granted
  Judge: Rangiah J
• 31 Jan 2025: Tasmanian Water and Sewerage Corporation v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2025] FCA 39
  INDUSTRIAL LAW - contested public holiday entitlements - where applicant employer seeks a declaration that shift workers are not entitled to the benefit of the public holiday entitlement under the TasWater General Employees (North Western Region) Enterprise Agreement 2021 - where applicant contends the public holiday entitlement only applies where …
  Judge: Lee J
• 30 Jan 2025: Saw v Seven Network (Operations) Ltd (Post-Settlement Suppression Orders) [2025] FCA 30
  PRACTICE AND PROCEDURE - where interim suppression and non-publication orders were granted pending the completion of mediation - where the pleadings have been filed - where mediation has now completed - where the parties have negotiated further proposed suppression and non-publication orders as a condition of settlement - whether suppression and…
  Judge: Perram J
• 29 Jan 2025: Mokhtari v Piacentini & Son Pty Ltd [2025] FCA 26
  PRACTICE AND PROCEDURE - application for orders for preservation of documents - where orders made referring the issue of the extent and nature of discovery for consideration at a conference by a registrar - where applicant alleges that system updates to computing software used by the respondent may compromise the discovery process - whether likely …
  Judge: Colvin J
• 22 Jan 2025: Primerano v Schisan Investments Pty Ltd [2025] FCA 15
  INDUSTRIAL LAW - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) on separate question - whether applicant was engaged by respondents as a national system employee within the meaning of the Fair Work Act 2009 (Cth) (FW Act) - where primary judge answered separate question "no" - where contract between the parties…
  Judge: Halley J
• 20 Jan 2025: Fire Rescue Victoria v United Firefighters' Union of Australia [2025] FCA 74
  PRACTICE AND PROCEDURE - production order made by the Fair Work Commission for the United Firefighter's Union to produce a Trust Deed to the applicant and to the Commission - Union did not comply with the production order - applicant sought a mandatory injunction to compel the Union to produce the Trust Deed - whether claim for interlocutory…
  Judge: Neskovcin J

• Federal Circuit and Family Court of Australia
• Fair Work Commission
• Fair Work Ombudsman
• Administrative Review Tribunal