Most appeals are filed in Melbourne or Sydney. Two 3-day periods in each month are allocated for hearing appeals in each of these locations.
Four days per month (2 periods of 2 days) are allocated for hearing appeals in capital cities other than Melbourne or Sydney.
The composition of Appeal Benches is based on an appeal roster. The appeal roster is set annually by the President, after consultation with Members, to determine their availability to sit on appeals in each roster period.
The appeal roster is set based on the number of appeals expected to be lodged throughout the year.
Members are assigned to the roster taking into account a number of factors, including their:
The composition of Appeal Benches is generally determined by the following factors:
If an appeal raises a jurisdictional issue or a legal question involving the interpretation of the Fair Work Act 2009, then a legally qualified Member, or an experienced senior Member, will usually be assigned to the Appeal Bench.
If an appeal raises a matter of special significance then the President or one of the Vice Presidents will usually preside.
The appeal roster is designed to make sure that a sufficient mix of Members is available to hear and determine appeals in a timely manner.
To reduce spending of public money, Appeal Benches are usually made up of local Members. So, if an appeal is lodged in Sydney then Members based in Sydney will usually make up all or most of the Members on the Appeal Bench. This saves travelling time and reduces cost.
Fewer appeals are lodged in Brisbane and Perth (and even fewer in Adelaide, Canberra and Hobart). Members based in those cities hear fewer appeals because of the small number of appeals lodged in those locations, and the fact that a Member cannot sit on an appeal against a decision they issued.
The table below shows the allocation of appeals to Members for appeals lodged in the period 1 January 2014 to 31 December 2014.
An allocation occurs when an Appeal Bench is constituted to hear a matter. The table includes appeals that may have been discontinued after allocation.
The number of appeals allocated to Members varies by several factors, including:
Members are listed in seniority groups and then ranked by the number of appeals allocated.
The Commission office where each Member is based is also shown:
(1 January 2014 to 31 December 2014)
|Justice IJK Ross AO (M)||27|
|Vice President A Hatcher (S)||34|
|Vice President J Catanzariti (S)||30|
|Vice President GR Watson (M)||31|
|Deputy President VP Gostencnik (M)||31|
|Senior Deputy President IR Watson (M)||27|
|Senior Deputy President JM Hamberger (S)||25|
|Justice AJ Boulton AO (S)||22|
|Deputy President A Gooley (M)||23|
|Deputy President GR Smith AM (M)||21|
|Deputy President JP Lawrence (S)||21|
|Senior Deputy President JM Acton (M)||20|
|Deputy President PJ Sams AM (S)||19|
|Deputy President J Kovacic (M)||19|
|Senior Deputy President MG O’Callaghan (A)||17|
|Senior Deputy President AM Harrison* (S)||16|
|Deputy President RS Hamilton (M)||16|
|Senior Deputy President PJ Richards (B)||14|
|Deputy President IC Asbury (B)||13|
|Senior Deputy President LEC Drake (S)||10|
|Deputy President BP McCarthy (P)||8|
|Vice President M Lawler (S)||6|
|Deputy President A Booth (S)||5|
|Deputy President NM Wells (H)||4|
|Deputy President T Abey (T)||1|
|Commissioner LAH Johns (M)||22|
|Commissioner NP Wilson (M)||20|
|Commissioner JCW Lewin (M)||17|
|Commissioner DS McKenna (S)||16|
|Commissioner MP Bissett (M)||14|
|Commissioner CF Simpson (B)||14|
|Commissioner WD Blair (M)||13|
|Commissioner T Lee (M)||13|
|Commissioner PJ Spencer (B)||12|
|Commissioner BD Williams (P)||12|
|Commissioner G Bull (S)||12|
|Commissioner J Roe (M)||11|
|Commissioner S Booth (B)||11|
|Commissioner IW Cambridge (S)||10|
|Commissioner MG Roberts (S)||7|
|Commissioner HM Cargill (S)||6|
|Commissioner B Deegan (C)||6|
|Commissioner B Riordan (S)||6|
|Commissioner JF Ryan (M)||5|
|Commissioner AL Cribb (M)||4|
|Commissioner DJ Cloghan (P)||4|
|Commissioner PJ Hampton (A)||3|
* SDP Harrison is also President of the Defence Force Remuneration Tribunal