Appeals
Appealing a decision of the Fair Work Commission
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.
What does the Commission consider?
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.
How long do you have to appeal
You must appeal within 21 days of the decision being made. If you want to appeal, you must get permission (seek leave) from the Commission.
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
legal advice.
Appealing a decision of the Federal Circuit Court
If you think the Federal Court or Federal Circuit Court made a mistake in your general protections dismissal case, it may be possible to appeal. You can't appeal just because you disagree with the decision.
When can you appeal?
You may be able to appeal if you think the court made a mistake about the law or about what happened (this is called an 'error of fact').
Appealing a decision can be complicated. If you lose, the court may order you to pay the other side's legal costs in the appeal case. Before you appeal, you should get
legal advice.
How long do you have to appeal?
You must appeal within 21 days of the decision being made.
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
legal advice.