Either party may appeal the Decision to the Full Bench of the Commission.

Yes if the losing party complies as ordered by the Magistrate, otherwise you will need to undertake enforcement action. Also an appeal can be lodged against the decision or penalty.

Not necessarily, you could lose. The Full Bench could uphold the appeal and issue its own decision, or it could suspend the previous decision of the Magistrate and order the further hearing and determination of the matter. This decision can again be appealed to the Industrial Appeal Court.

Complete a Form 9 Notice of appeal to the Full Bench attaching a schedule outlining grounds of appeal. The appeal should be lodged within 21 days of the Order being appealed being deposited in the Office of the Registrar. The grounds of appeal are restricted to showing that the Commission has erred in law or the decision is against the weight of evidence. Within 14 days of filing the Appeal, Appeal books must be filed (3 copies for the Full Bench and one copy for each respondent.) See Division 2 - Regulation 102 Appeals to Full Bench for detailed requirements.

The right to appeal against either the whole or part of the decision of the President, Full Bench or Commission in Court Session is contained in s 90. Note that s 90(2) requires an appeal under s 90 to be instituted within 21 days from the date of the decision against which the appeal is brought. The Industrial Appeal Court has held that it does not have the power to extend the time within which an appeal may be instituted: Saldanha v Fujitsu Australia Ltd [2009] WASCA 119.

Prior to commencing the appeal process, a prospective appellant should familiarise himself/herself with s 90 and also with the Regulations of the Western Australian Industrial Appeal Court. An appeal to the Industrial Appeal Court is lodged in the Registry of the WA Industrial Relations Commission at level 16, 111 St Georges Terrace, Perth. A $5.00 filing fee is required. The Notice of Appeal is lodged in triplicate but at least two extra copies should also be lodged for filing as the Court retains three copies and one copy of the Notice of Appeal will need to be served on the respondent to the appeal. When service of the Notice of Appeal has occurred the appellant will need to lodge a Statutory Declaration of Service. At least twenty days prior to the date of hearing of the appeal, the appellant is required to file three certified and bound copies of an appeal book.