Appeal to the Industrial Court

If you disagree with a decision of a Member of the Commission, or an Industrial Magistrate, in relation to your matter, you may be able to appeal the decision to the Industrial Court of Queensland.  However, the Industrial Court of Queensland is not the appropriate appeal body for claims made under the Fair Work Act 2009 (Fair Work Claims).

Appeals to the Industrial Court of Queensland must be commenced within 21 days after the decision is issued.

As appeals can involve complex legal issues, you may wish to seek independent advice before commencing an appeal.

Further information about appeals is available in Chapter 11, Part 6, Division 2 of the Industrial Relations Act 2016.

If you wish to appeal a decision of the Commission, or an Industrial Magistrate (excluding appeals relating to a Fair Work Claim), you must use Form 5 - Application to appeal.  

Generally, an appeal of a Commission decision may only be made on the following grounds:

• Error of law: this means that the Member may have incorrectly applied the law or a legal principle to the facts of the matter; and/or
• Excess or want of jurisdiction: this means that the Member may have made a decision that was beyond, or not within, their power to make. 

If you wish to appeal on any other ground, you must first obtain leave of the Industrial Court of Queensland.  

As noted above, appeals may involve complex legal issues. You may wish to seek independent advice prior to lodging an appeal.