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Appeal to the Industrial Court

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, then you may appeal it to the Industrial Court of Queensland.

If you choose to appeal the decision, you must do so within the appeal period, being 21 days from the date that the decision was released.  This date will be on the front page of the decision.

Division 2 of Part 6 of Chapter 11 of the Industrial Relations Act 2016 covers appeals to the Industrial Court from decisions of the Commission.

How to file an appeal

If you wish to appeal a decision of the Commission, or an Industrial Magistrate, you must use Form 5 - Application to appeal.  Generally, you can only appeal a decision of the Commission on two grounds:

  • an error of law (this means that the Member may have misapplied the law or a legal principle to the facts);
  • an excess, or want, of jurisdiction (this means that the member may have made a decision that is not within their power to make).

If you wish to go beyond those two grounds, then you must seek leave of the Industrial Court to do so.  You can do this within the Form 5 noting that you are seeking leave to appeal on grounds other than those in s 557(1) and pursuant to s 557 (2) of the Industrial Relations Act 2016.

Last updated 13 October 2021