Details  Created: 17 March 2020

The Full Bench has unanimously granted an extension of time for an appellant who filed a Notice of Appeal out of the time limit prescribed by the Industrial Relations Act 1979 (WA) (Act) and had not filed appeal books as required by the Industrial Relations Commission Regulations 2005 (Regulations).

At first instance, the Industrial Magistrate’s Court dismissed the appellant’s claim that the respondent failed to comply with cl 20(5) of the Department of Health Medical Practitioners (Metropolitan Health Services) AMA Industrial Agreement (Agreement) in relation to a contract completion payment. The learned Industrial Magistrate concluded that on a proper construction of cl 20(5) of the Agreement, the appellant did not qualify for a contract completion payment under the clause.

The appellant lodged a Notice of Appeal against the decision of the Industrial Magistrate’s Court three days outside the time limit of 21 days under s 84(3) of the Act. The Notice of Appeal was defective and was not accepted for filing by the Registry until 18 days outside of the 21-day time limit.

The Full Bench noted that, for the Full Bench to consider the appeal, the appellant must persuade the Full Bench that it should extend the prescribed 21-day limit, under s 27(1)(n) of the Act.

The appellant also failed to file appeal books, as required by reg 102(10) the Regulations.

The appellant then filed a Form 1A – Multipurpose Form in which he sought an “extension of time”. In his reasons for the request, the appellant cited medical reasons and that he required assistance to complete forms as he could not afford a lawyer. At the hearing, the appellant clarified to the Full Bench that the Form 1A was filed in order to seek an extension of time for both the Notice of Appeal and to file the appeal books.

The Full Bench applied legal principles applicable to extensions of time to appeal and found that having regard to the relatively short period of the delay in filing the Notice of Appeal, the reasons for the delay and that there may be an argument as to the proper construction of cl 20(5) of the Agreement, it would grant an extension of time.

The Full Bench issued an order that the appellant file the appeal books within seven days.

The decision can be read here.