Appeals to the Industrial Appeal Court
If you are not satisfied with a decision of the Full Bench or the Commission in Court Session, you may be able to appeal the decision to the Industrial Appeal Court (IAC) under the Industrial Relations (Western Australian Industrial Appeal Court) Regulations 1980 (WA). To make an appeal to the IAC you can lodge IAC Form 1 – Notice of Appeal from Decision of President, Full Bench or Commission in Court Session of The Western Australian Industrial Relations Commission or Industrial Magistrates Court.
The IAC hears appeals against decisions of the Full Bench and the Commission in Court Session, but only on the grounds that the decision is in excess of jurisdiction, that the decision is erroneous in law or on the ground that the appellant has been denied the right to be heard. The IAC is made up of a Presiding Judge and two other Judges of the Supreme Court appointed by the Chief Justice.
You might like to seek independent legal or industrial advice if you are considering an appeal to the IAC.
An appeal to the IAC must be lodged with the Registry within 21 days from the date of the decision against which the appeal is brought. It is not possible to extend this time limit.
Unless otherwise specified, pursuant to regulation 5 of the Industrial Relations (Western Australian Industrial Appeal Court) Regulations 1980 (WA), appeal books are required to be filed at least 21 days prior to the date of hearing.
On the hearing of the appeal, the Court may affirm, amend or quash the decision which is the subject of the appeal, or may remit the matter to the Full Bench, the Commission or the Commission in Court Session, as the case requires, for further hearing and determination according to law.