If you disagree with the decision of the Commission in your matter, you may appeal the decision 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 of the Commission was released – this date will be on the front page of the decision.
Appeals to the Industrial Court of Queensland are commenced by completing and filing a Form 5 - Application to appeal
Generally, an appeal can only be made on two grounds:
- an error of law (meaning that you believe the Member may have misapplied the law or a legal principle to the facts): or
- an excess, or want, of jurisdiction (meaning that you believe the Member may have made a decision that is not within their power to make).
For more information about appealing a decision of the Commission, see 'Part 9: Appealing a decision of the Commission' of the Unfair dismissal and reinstatement application guide.