A person who does not agree with a decision or order in a case before the Fair Work Commission may seek permission to appeal.
Appeals are heard by a Full Bench of the Commission, which is generally made up of three members, who need to determine two issues:
- whether permission to appeal should be granted, and
- whether there has been an error in the original decision.
If permission to appeal is granted, the Full Bench may do any of the following in relation to the appeal:
- confirm, quash or vary the decision
- make a further decision in relation to the matter that is the subject of the appeal
- refer the matter that is the subject of the appeal to a Commission Member for further action.
You can read about of the outcomes of appeals heard by the Commission and view reporting on the Commission's performance against appeals benchmarks in our Annual reports.
Information about outstanding matters in the High Court of Australia and the Federal Court of Australia that relate to decisions of the Fair Work Commission are also published on this site.