Filing a notice of appeal
How do I submit an application?
To commence an appeal, a Form 8 - Notice of Appeal Against a Decision Made by the Commission or the Industrial Magistrates Court must be filed with the Registry.
- A Form 8 must be instituted within 21 days of the initial decision (s 49(3) of the Industrial Relations Act 1979 (WA)). The date of the decision is taken to be the date when the decision (order) is sealed by the Commissioner and deposited in the Commission’s Registry. In the case of a decision of an Industrial Magistrate, the date of the decision is the date it was delivered.
- If you fail to submit the form within the prescribed time, you can make an application for extension of time. However, there is no guarantee that the application would be successful. Please see the related applications tab for more information.
What happens next?
After you have submitted your Form 8 the Commission’s Registry will:
- check it to make sure that it contains all the required information;
- if the form is complete, send a copy of it to you for your records; and
- serve a copy of it on the respondent. There is no need for you to serve your Form 8 on the respondent unless you are instructed to do so.
You must then lodge your appeal books with the Commission's Registry within 14 days of filing the Form 8.