Appealing to the Full Bench of the Commission

Who can lodge an appeal? 

A decision or refusal to make a decision can be appealed by:

1. a party to the matter in which the decision was made; or
2. an industrial organisation or association affected by the decision; or
3. the Minister of Industrial Relations if they consider an appeal is in the public interest; or
4. a permit applicant; or
5. the President of the President of the Anti-Discrimination Board.

How do I appeal a decision?

The appeal process is started with an ‘Application for Leave to Appeal and Appeal’ (application).

All applications must be filed in accordance with the Practice Notes issued by the Commission.

• See Practice Note 32 for further details

Email filing is no longer accepted for forms which can be filed using the Online Registry unless there are technical difficulties preventing such filing. If this is the case then a party can file the document by email with a cover note stating that the Online Registry did not allow the filing of the document.

Who will consider the application? 

An application for leave (permission) to appeal will be considered by a Full Bench of the Commission (Full Bench).  The President of the Commission will select three members for the Full Bench, which will not include the Member who made the decision being challenged.

When will an appeal be granted?

The Full Bench can deal with the application for leave to appeal separately to the appeal itself.  If leave is granted, the Full Bench will consider the merits of the appeal. However, the Full Bench can also decide to deal with the application for leave and the appeal itself at the same time.

What can the Full Bench do?

The Full Bench can confirm, quash, re-determine, or vary the decision that has been appealed.  The Full Bench can also direct further action be taken or refer the matter back to the Member or Industrial Registrar who made the decision with directions or recommendations.

Is there a time limit to appeal? 

The application must be filed within 21 days from the date the decision being challenged was made. Further time may be allowed, either before or after the end of that 21-day period.

Can the Full Bench decision be appealed? 

There is no right of appeal from a decision of a Full Bench in respect of civil matters, pursuant to s 179 of the Industrial Relations Act 1996 (NSW), except for a remedy of prerogative relief from the Supreme Court of NSW.