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 4 of 2022
The Industrial Division hears employment and industrial law proceedings and has both criminal and civil jurisdiction.
For more on criminal proceedings in this division, go to the criminal jurisdiction page.
The civil jurisdiction hears cases concerning contracts of employment, unpaid wages and leave entitlements, awards and enterprise agreements, statutory entitlements and civil penalties.
Under Practice Direction 4 of 2022 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
- 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.
For the full dispute resolution pathway, go to the Industrial Division flowchart.
Complaints in the Industrial Division may be brought under the Acts of the Commonwealth and Victorian Parliaments referred to in the Legislation section below.
Other matters that have a significant connection with an employment or labour relationship will be heard in the Industrial Division.
The Industrial Division does not deal with claims for unfair dismissal, unpaid superannuation, workplace harassment, bullying or injury.
For details related to those claims go to resources and useful information.
Resources and further information
If you plan to represent yourself, you can contact the court’s
self-represented litigant coordinators by emailing firstname.lastname@example.org. 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.