INDUSTRIAL RELATIONS ACT 1996 - SECT 191
Nature of appeal
INDUSTRIAL RELATIONS ACT 1996 - SECT 191
Nature of appeal
191 Nature of appeal
(1) An appeal to a Full Bench of the Commission under
this Part is not by way of a new hearing and is to be determined on the
evidence and material adduced in relation to the decision appealed against.
(2) However, the Full Bench may, by leave, receive further evidence if it
considers that special grounds exist or if the evidence concerns matters
occurring after the decision appealed against.
(3) To avoid doubt, the Full
Bench cannot merely substitute its decision on the matter, but must follow the
principles applying to appeals from discretionary decisions, whether or not
further evidence is received.
Note : The above section generally follows the
decision of the Full Industrial Relations Commission in Big W Discount Stores
v Donato(1995) 58 IR 239 as to the nature of an appeal. The appeals in respect
of which the section applies include appeals in connection with awards, unfair
dismissals, approvals of enterprise agreements, unfair contracts or
contraventions of dispute orders.
