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Employers aggrieved by FWC decisions have "high bar" to meet
The public interest test poses a "very significant threshold" for employers to meet when they're seeking to appeal a Fair Work Commission decision, a lawyer says.
The Fair Work Act requires that to file an appeal, a party must be a person aggrieved by the decision, but "you can't appeal the decision just because you don't like it", says Dentons partner Paul O'Halloran.
There has to be an appealable error in the ruling – meaning an error of law or an error of fact – O'Halloran tells a new HR Daily Premium webcast.
But importantly, he adds, "you have to satisfy the full bench of the Fair Work Commission that there's a public interest in these issues that you've identified being clarified"...
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