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

How Franchisors Can Avoid Misleading and Deceptive Conduct

Wednesday 18 May | 11:00 - 11:45am

Online
Ensure your franchise is not accused of misleading and deceptive conduct. Register for our free webinar today.
Register Now

New Kid on the Blockchain: Understanding the Proposed Laws for Crypto, NFT and Blockchain Projects

Wednesday 25 May | 10:00 - 10:45am

Online
If you operate in the crypto space, ensure you understand the Federal Government’s proposed licensing and regulation changes. Register today for our free webinar.
Register Now

How to Expand Your Business Into a Franchise

Thursday 26 May | 11:00 - 11:45am

Online
Drive rapid growth in your business by turning it into a franchise. To learn how, join our free webinar. Register today.
Register Now

Day in Court: What Happens When Your Business Goes to Court

Thursday 2 June | 11:00 - 11:45am

Online
If your business is going to court, then you need to understand the process. Our free webinar will explain.
Register Now

How to Manage a Construction Dispute

Thursday 9 June | 11:00 - 11:45am

Online
Protect your construction firm from disputes. To understand how, join our free webinar.
Register Now

Startup Financing: Venture Debt 101

Thursday 23 June | 11:00 - 11:45am

Online
Learn how venture debt can help take your startup to the next level. Register for our free webinar today.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

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