Public service appeals

Appeals are commenced at the Queensland Industrial Relations Commission (the Commission) by filing a Form 89 - Appeal notice - Public Service Act 2008.

Form 89 and all other forms, can be filed at the Industrial Registry via the following methods:

In most instances the Industrial Registry will communicate with you by email. If you have not provided an email address on your form then the Registry will be in contact with you requesting that you provide an email address. If you do not have an email address then the Registry will communicate with you by post.

After your appeal is accepted for filing, the Registry will send you and your employer a stamped copy of the form. The stamp will represent that date on which your document was accepted for filing. For more information about commencing an appeal see "Part 3:  Appeals" of the Public service appeal guide.

Once your appeal has been filed, it is allocated to a Member of the Commission to consider.

The Commission usually issues a Directions Order shortly after the appeal is filed.  Directions Orders provide a 'road map' outlining how your appeal will be conducted, when documents are due to be filed, which documents should be filed and provided to the other party, and if/when you may need to attend the Commission for a conference or hearing.

Most appeals are dealt with 'on the papers' meaning that there may be no requirement to attend the Commission for a conference or hearing unless directed by the Member.

For more information about Directions Orders, see "Part 4: Directions Order" of the Public service appeal guide.

Once the Commission Member has considered your appeal, they will release and publish a written decision.

Parties are free to reach an agreement themselves at any time during the appeal process up until the final decision is issued by the Commission Member.  If a settlement is reached or you no longer wish to proceed with your appeal for any reason, you should withdraw the appeal by filing a Form 27 - Request to discontinue proceedings.

For more information, see "Part 8: Settlements and decisions" of the Public service appeal guide.

There are no filing fees associated with public service appeals.

In public service appeals generally, solicitors and barristers are not permitted to represent you in their capacity as lawyers. You may incur costs should you wish to seek your own legal advice.

If you are dissatisfied with the outcome of an appeal heard under the Industrial Relations Act 2016, you may be able to file an appeal to the Industrial Court.

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

An appeal against a decision of the Commission is filed by way for Form 5 - Application to Appeal.  Generally, you can only appeal 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).

For more information, see "Part 9: Appealing a decision of a Member" of the Public service appeal guide.

For a detailed guide on conducting a public service appeal download the Public service appeal guide.

If you are representing yourself in a proceeding before the Industrial Court or Commission, please refer to the "Fact Sheet - Tips for the Self Represented Litigant"