Appeals in the Fair Work Commission

It is very difficult to appeal a decision of a single member of the Fair Work Commission because permission is required and the case law on the granting of permission to do so limits the circumstances in which an appeal can be granted leave to proceed, thus

“Further, we have considered whether this appeal attracts the public interest, and we are not satisfied that:

  • there is a diversity of decisions at first instance so that guidance from an appellate body is required;
  • the appeal raises issues of importance and/or general application;
  • the Decision at first instance manifests an injustice, or the result is counter intuitive; or
  • the legal principles applied by the Deputy President were disharmonious when compared with other decisions dealing with similar matters.”

Tytula v Coventry Group Ltd T/A Cooper Fluid Systems, Jody Duncan (2022) FWCFB delivered 28 November 2022 per Catanzariti VP, Dobson DP and Simpson C