Filing an appeal book

How do I file an appeal book?

Once you have filed your Form 8, you must then file your appeal book in an approved form, detailed below, and serve a copy of the appeal book on each respondent (see regulation 102(10) of the Industrial Relations Commission Regulations 2005 (WA)). This must be done within 14 days of filing the Form 8.

If you fail to file and serve the appeal book within the prescribed time, you can make an application for extension of time. However, by submitting your appeal book out of time, you may risk not being able to have your appeal heard. Please see the related applications tab for more information.

Format of an appeal book

You may submit a single electronic PDF copy of your appeal book to the Registry via email. If the file is over 30MB then you may submit via a file sharing service or delivering a USB drive in person.

Please note, however, that you will be required to serve a copy of the Appeal Book on the respondent and you will need to obtain their consent to serve an electronic copy of the Appeal Book instead of a hard copy.

The appeal book should:

  • be one file,
  • have page numbers and the pages should be in order, and
  • have a contents or index page that references the appeal details (matter number and/or parties names) and lists the order of the documents and the relevant page number reference.

The Registrar will not accept an appeal book unless all the pages are clearly legible.

Contents of the appeal book

Regulation 102(11A) of the Industrial Relations Commission Regulations 2005 (WA) prescribes that an appeal book must contain:

  • a copy of the Form 8;
  • a copy of the application or reference instituting the proceedings before the Commission/Industrial Magistrate;
  • a copy of any answer or counter-proposal filed in the proceedings;
  • where applicable, a copy of that part or those parts of the settled issues containing the matters relevant to the appeal which were before the Commission/Industrial Magistrate;
  • any written submissions, or outline of submissions, provided to the Commission/Industrial Magistrate;
  • a copy of the decision that is the subject of the appeal and the Commission's/Industrial Magistrate‚Äôs reasons for that decision;
  • a list of the page numbers of the transcript of the proceedings at which reference is made to the subject matter of the appeal;
  • a copy of all relevant exhibits tendered during the proceedings; and
  • a copy of any other document which will be required by the Full Bench to determine the appeal, including any further particulars of the claim or answer filed in the proceedings. 

Once the appeal book has been submitted to the Registry for filing, the Registry will inform you of any missing items or any issues identified with the appeal book.

 

What happens next?

After the appeal books are accepted by the Commission's Registry, the Registry will:

  • check to make sure that they contain all the required information;  
  • stamp all of the appeal books as 'filed'; and
  • return the respondent's copies to you for service.

You will then be contacted by the Commission to arrange to have your application dealt with.