When you apply to appeal, you may ask us to pause or ‘stay’ some or all of the decision until after we hear the case.
If you ask us for permission to appeal, you can ask for a stay order on all or part of the original decision.
This means we stop anyone from taking action on the decision before we hear the appeal.
An unfair dismissal decision may include compensation for an employee. The employer may appeal and ask for a stay order. If we agree to the stay order, the employer does not have to pay until after the Full Bench makes a decision on the appeal.
The ‘stay order’ is in place until:
- the Commission makes a decision on the appeal OR
- we make a further order about the case.
How to apply for a stay order
When you apply to appeal a decision or order, complete part 4: ‘Stay under section 606 of the Fair Work Act 2009’.
We may have a separate hearing to decide whether to stay the decision. Usually we list the hearing on our website no more than 7 days after we receive the application. We will tell you if you need to take part in this hearing.
See section 606 of the Fair Work Act 2009.