Fair Work Commission decision, what are my options?

BMS LAW
5 days ago
2 min read

If you have been involved in a Fair Work Commission matter and the Fair Work Commission has made a decision, whether positive or negative, it is handy to know what options are available to you. This post covers the basic options that are available to parties subject to a Fair Work Commission decision.

When the Fair Work Commission makes a decision, this decision will generally allow for some sort of appeals process. Most people understand this to be a review of the Fair Work Commission’s decision.

Decision at first instance?

The first thing to think about when you obtain a Fair Work Commission decision is to understand whether it was a decision of the first instance. This simply refers to identifying whether the Fair Work Commission's decision has been challenged.

Appeals process in Fair Work Commission

Once you have identified whether or not the Fair Work Commission’s decision is a first instance decision, then the next step is to consider what processes the Fair Work Commission has in place for a review of a Fair Work Commission decision at first instance.

If you would like to learn more on your own about the appeals process of a decision at first instance, the Fair Work Commission provides free information available on the Fair Work Commission’s website: https://www.fwc.gov.au/hearings-decisions/appeal-decision-or-order

It is important to note that the information available on the Fair Work Commission’s website on the appeals process within the Fair Work Commission is not a substitute for competent legal advice from a qualified practising lawyer.

If you have been handed a decision of the Fair Work Commission and do not know what options are available to you, even after visiting the Fair Work Commission’s website, it would be in your best interests to talk to a lawyer.

Strict deadlines apply for appealing a Fair Work Commission’s decision

Strict deadlines apply for appealing a Fair Work Commission decision. Refer to the Fair Work Commission's website (above link) for general details on the appeals process.

Tip: the deadline for lodging an appeal in the Fair Work Commission of a Fair Work Commission’s decision at first instance is to be taken serious. Lateness in this respect can cost you the chance of appealing the decision.