If you think
the Fair Work Commission (the Commission) has made a mistake in your case, it may be possible to appeal to the Full Bench (three members) of
the Commission. You can't appeal just because you disagree with the decision.
It is possible to appeal a decision made in a jurisdictional hearing or a decision made in a final hearing. The appeal process is the same for both.
You may be able to appeal if you think
the Commission made a mistake about the law or about what happened (this is called an 'error of fact').
Appealing a decision can be complicated. Before you appeal, you should get legal advice.
Think carefully before you appeal. If
the Commission thinks that your appeal case was clearly weak and you had no chance of winning, it can order you to pay the respondent's legal costs in the appeal case.
You must appeal within 21 days of the decision being made. If you want to appeal, you must get permission (seek leave) from
If it has been more than 21 days since the decision was made, you may still be able to appeal. However, you will need to ask for an extension of time and explain why you did not file your appeal within the time limit.
Before you appeal, you should get
For answers to commonly asked questions, see
After the case - Frequently Asked Questions.