The Industrial Division sits exclusively at the Melbourne Magistrates’ Court and deals with employment related claims.
The Industrial Division of the Magistrates’ Court of Victoria operates under:
- Section 4(2A) of the Magistrates' Court Act 1989,
- Magistrates’ Court (Miscellaneous Civil Proceedings) Rules 2020 (Order 13)
- and Practice Direction 3 of 2023
The Industrial Division hears employment and industrial law cases and has both criminal and civil jurisdiction.
For more on criminal proceedings in this division, go to the criminal jurisdiction page.
Within the civil jurisdiction, the Industrial Division hears cases under the Fair Work Act 2009 (Cth) such as claims for unpaid wages and leave entitlements under the National Employment Standards, Awards or Enterprise Agreements.
The jurisdiction can award compensation and impose civil penalties. It also hears cases under other State legislation such as the Long Service Leave Act 2018 (Vic) and other cases that have a significant connection with an employment or labour relationship, such as breach of employment contract claims.
Practice Direction 3 of 2023 sets out the full civil jurisdiction of the Industrial Division. Refer also to the Legislation section below.
The Industrial Division does not deal with claims for unfair dismissal, workplace harassment, bullying or injury. For details related to those claims go to resources and useful information.
Under Practice Direction 3 of 2023 the Industrial Division provides parties with an accelerated pathway for the resolution of disputes through:
- a 14-day response filing period after a complaint is lodged
- a referral to a pre-hearing conference within 14 days after a response is filed
- referral to a directions hearing within 14 days, if a proceeding is not settled at the pre-hearing conference
Resources and further information
If you plan to represent yourself, you can contact the court’s
self-represented litigant coordinators by emailing email@example.com. They can assist you in identifying, utilising and filing the necessary forms.
Refer to the Publications section below for resources and useful information such as links, guides and contacts.
Frequently used forms
- Affidavit of service - Form 6A
This is not a full list of legislation associated with this topic. See the Victorian Government's legislation website for more information.