Reading time: 2 minutes

The Fair Work Commission (FWC) is the national workplace relations tribunal.  It regulates employment law in Australia and has the power to carry out a number of functions such as providing minimum workplace conditions and making enterprise agreements. A person who does not agree with a decision or order (ruling) made by the FWC can apply to appeal a decision.

It should be noted that permission (or leave) must be sought to appeal and there are very strict time limits to appeal a decision.

The Appeal Process

Provided leave is granted and an application for appeal is within time, the Full Bench of the FWC has the power to hear appeals.  The Full Bench, on appeal, will consider firstly whether permission to appeal should be granted; and secondly whether there was an error in the original decision.  In general, permission will be granted to appeal if the FWC considers the appeal to be in the public interest and that the original decision involved a ‘significant error of fact’.

As a result, the Full Bench can either refer the matter for further action to another member of the FWC to hear; make a further decision in relation to the original decision; or confirm, vary or suppress the original decision.

Who can appeal?

If a single member of the FWC or the General Manager of the FWC made the original decision, the matter is open to appeal.

Time limit to appeal

An appeal must be lodged within 21 days from the date in which the original decision was granted.  An extension of time will only be granted in certain circumstances.

Conclusion

If you require any assistance with lodging an appeal in the FWC, please contact one of our employment lawyers today on 1300 544 755

Webinars

Australia’s Global Talent Visa: How to Attract Top Talent

Thursday 7 October | 11:00 - 11:45am

Online
Understand how to navigate Australia’s complex migration system to attract top overseas talent with our free webinar.
Register Now

5 Essential Contracts for your Online Business

Thursday 14 October | 11:00 - 11:45am

Online
Learn which key contracts will best protect your online business with our free webinar.
Register Now

Key Considerations When Buying a Business

Thursday 11 November | 11:00 - 11:45am

Online
Learn which questions to ask when buying a business to avoid legal and operational pitfalls, so you can hit the ground running. Join our free webinar.
Register Now

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. From just $119 per week, get all your contracts sorted, trade marks registered and questions answered by experienced business lawyers.

Learn more about LVConnect

Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

Our Awards

  • 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Winner – Australasian Lawyer
  • 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year - Australasian Law Awards
  • 2019 Most Innovative Firm - Australasian Lawyer