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INDUSTRIAL RELATIONS ACT 1984 - SECT 70 Rights of appeal

INDUSTRIAL RELATIONS ACT 1984 - SECT 70

Rights of appeal

(1)  An appeal may be made to the Full Bench against –
(a) a decision of a Commissioner to make, vary or rescind an award, or refuse to make, vary or rescind an award, by –
(i) an organisation which appeared at the hearing; or
(ii) an organisation granted, or deemed under Part V to have, an interest in the award; or
(iii) the Minister; and
(b) an order made by a Commissioner under section 31(1) after a hearing relating to an industrial dispute in respect of the mode, terms or conditions of employment or any termination of employment, including termination resulting from redundancy, or long service leave, or breach of an award or a registered agreement by –
(i) the party who applied for the hearing; or
(ii) the party to whom the order relates; or
(iii) the Minister; and
(ba) a decision made by the Commission to dismiss, or refrain from further hearing, a matter, or part of a matter, under section 21(2)(c) by the party who applied for the hearing; and
(c) a decision made by a Commissioner or the Registrar under section 43 , 55 , 59 , 61J , 61R , 61S ,  63(10) , 65A ,  67(4) , 67A or  75(7E) by –
(i) any party who appeared at the hearing to which the decision relates; or
(ii) any organisation granted, or deemed under Part V to have, an interest in the award to which the decision relates; or
(iii) the Minister.
(1A)  A Full Bench is not to uphold an appeal under subsection (1) unless in its opinion –
(a) the Commissioner against whose decision the appeal is made, in reaching that decision –
(i) made a legal error; or
(ii) acted on a wrong principle; or
(iii) gave weight to an irrelevant matter; or
(iv) gave insufficient weight to a relevant matter; or
(v) made a mistake as to the facts; or
(b) the decision was plainly unreasonable or unjust.
(2)  The Full Bench hearing an appeal under subsection (1) is not to include the Commissioner who made the decision to which the appeal relates.
(3)  .  .  .  .  .  .  .  .