Appeals to a Full Bench
The Industrial Relations Commission (IRC) has an appellate jurisdiction considering matters dealt with by single Members of the Commission, the Industrial Magistracy and the Registrar.
Appeals are to a Full Bench of the Commission and proceed by way of application for leave to appeal. In a practical sense, the appeal itself often forms part of the grounds for leave to appeal and it is not unusual for leave to be granted but the appeal be dismissed as part of the same proceedings. In other circumstances, the consideration of an application for leave to appeal can be a distinct and separate hearing from the appeal with the Full Bench reserving its decision in relation to the application for leave, delivering that decision and subsequently listing the appeal for hearing on a further occasion.
A Full Bench of the Commission constituted to hear an appeal from a decision of the Commission consists of at least three Members and includes the Chief Commissioner.
Where an appeal to the Full Bench of the Commission has been exercised, a decision or purported decision of the Commission (however constituted) is final and may not be appealed against, reviewed, quashed or called in question by any court or tribunal, whether on an issue of fact, law jurisdiction or otherwise – s 179(1).
- Form 28 - Application for Leave to Appeal and Appeal (s.187)
- Form 30 - Application to Extend Time to Appeal (s.189)
- Form 51 - Reference to Full Bench of the Industrial Relations Commission (s.193)
- Form 58 - Delegation by Full Bench to Single Member