Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 120

             (1)  Subject to this Act, an appeal lies to a Full Bench, with the leave of the Full Bench, against:

                     (a)  an award or order made by a member of the Commission; and

                     (b)  a decision of a member of the Commission not to make an award or order; and

                     (c)  a decision of a member of the Commission under paragraph 111(1)(e); and

                     (d)  a decision of a member of the Commission to vary, or not to vary, an award under section 812; and

                     (e)  a decision of the Commission to vary, or not to vary, an award or workplace agreement that has been referred to the Commission under section 46PW of the Human Rights and Equal Opportunity Commission Act 1986 ; and

                      (f)  a decision of a member of the Commission that the member has jurisdiction, or a refusal or failure of a member of the Commission to exercise jurisdiction, in a matter arising under this Act.

             (2)  A Full Bench shall grant leave to appeal under subsection (1) if, in its opinion, the matter is of such importance that, in the public interest, leave should be granted.

             (3)  An appeal under subsection (1) may be instituted:

                     (a)  in the case of an appeal under paragraph (1)(a) that is not covered by paragraph (b) or (c) of this subsection--by an organisation or person bound by the award or order;

                     (b)  in the case of an appeal under paragraph (1)(a) against an order under Part 12--by a person entitled under section 685 to institute the appeal; and

                     (c)  in the case of an appeal under paragraph (1)(a) against an order that was made under subsection 590(1) or subclause 14(1) or 23(1) of Schedule 9--by the person who applied for the order or any person who made submissions to the Commission on whether the order should be made; and

                     (d)  in the case of an appeal under paragraph (1)(b) against a decision not to make an order under subsection 590(1) or subclause 14(1) or 23(1) of Schedule 9--by the person who applied for the order;

                     (e)  in the case of an appeal under paragraph (1)(d) in relation to an award--by:

                              (i)  an employer, employee or organisation bound by the award; or

                             (ii)  the Workplace Authority Director; and

                      (f)  in the case of an appeal under paragraph (1)(e)--by a party to the review of the award or workplace agreement; and

                     (g)  in any other case--by an organisation or person aggrieved by the decision or act concerned.

             (4)  Where an appeal has been instituted under this section, a Full Bench or Presidential Member may, on such terms and conditions as the Full Bench or Presidential Member considers appropriate, order that the operation of the whole or a part of the decision or act concerned be stayed pending the determination of the appeal or until further order of a Full Bench or Presidential Member.

             (5)  A Full Bench may direct that 2 or more appeals be heard together, but an organisation or person who has a right to be heard in relation to one of the appeals may be heard in relation to a matter raised in another of the appeals only with the leave of the Full Bench.

             (6)  For the purposes of an appeal under this section, a Full Bench:

                     (a)  may admit further evidence; and

                     (b)  may direct a member of the Commission to provide a report in relation to a specified matter.

             (7)  On the hearing of the appeal, the Full Bench may do one or more of the following:

                     (a)  confirm, quash or vary the decision or act concerned;

                     (b)  make an award, order or decision dealing with the subject‑matter of the decision or act concerned;

                     (c)  direct the member of the Commission whose decision or act is under appeal, or another member of the Commission, to take further action to deal with the subject‑matter of the decision or act in accordance with the directions of the Full Bench;

                     (d)  in the case of an appeal under paragraph (1)(c)--take any action (including making an award or order) that could have been taken if the decision under paragraph 111(1)(e) had not been made.

             (8)  Where, under paragraph (6)(b), a Full Bench directs a member of the Commission to provide a report, the member shall, after making such investigation (if any) as is necessary, provide the report to the Full Bench.