CTHRepealedLegislation
Fair Work Commission Rules 2013
56Appeals
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#### 56 Appeals
(1) A person seeking to institute an appeal under section 604 of the Act against a decision of:
(a) a single Commission Member; or
(b) the General Manager; or
(c) a person exercising a delegation from the President or the General Manager;
must do so by lodging a notice of appeal.
> Note 1: Section 604 of the Act allows a person aggrieved by a decision of the Commission (other than a decision of a Full Bench or an Expert Panel), or of the General Manager (including a delegate of the General Manager) under the FW (RO) Act, to appeal the decision, with the permission of the Commission.
> Note 2: The notice of appeal must be in the approved form—see subrule 8(2).
(2) The notice of appeal must be lodged:
(a) within 21 calendar days after the date of the decision being appealed against; or
(b) if the decision was issued in the form of an order—within 21 calendar days after the date of the order; or
(c) within such further time allowed by the Commission on application by the appellant.
> Note: Subsection 598(4) of the Act provides that a decision may be made as an order.
(3) The appellant must, within 7 calendar days after lodging the notice of appeal, lodge the following with the Commission:
(a) 3 copies of the notice of appeal;
(b) 3 copies of a paginated appeal book containing:
(i) any order made by the Commission to which the appeal relates; and
(ii) the statement of the reasons for the decision being appealed against; and
(iii) the transcript of the evidence and argument in the matter from which the appeal is brought, or the relevant extract from the transcript; and
(iv) each document that was an exhibit or written submission in the matter from which the appeal is brought that relates to the grounds of appeal set out in the notice of appeal.
> Note: Rule 52 requires the appellant to serve a copy of the appeal book upon each party to the matter from which the appeal is brought.