Common use of Appeals to the Full Bench of the AIRC Clause in Contracts

Appeals to the Full Bench of the AIRC. 1.6.1 Where the dispute (or any matter that remained in dispute) has been arbitrated and a decision given under clause 1.5.2, either Party may appeal the decision to a Full Bench of the AIRC, with the leave of the Full Bench, within 21 days of the date of the arbitrated decision. A Full Bench of the AIRC will have all of the powers as outlined in clause 1.5.1 and shall have the power to confirm, quash, dismiss or vary the decision of the AIRC. 1.6.2 The Full Bench of the AIRC may grant leave to appeal under clause 1.6.1 if, in its opinion, the matter is of such importance that leave should be granted. 1.6.3 An appeal under clause 1.6.1 may be instituted by either Party. 1.6.4 For the purposes of an appeal under clause 1.6.1, a Full Bench of the AIRC may: a) admit further evidence; and b) direct a member of the Full Bench to provide a report in relation to a specified matter. 1.6.5 The appeal process set out in this clause 1.6 is intended to be comprehensive of all rights of appeal. 1.6.6 The Parties agree to exclude the operation of any legislation (other than the Workplace Relations Act) applicable to arbitration agreements in relation to rights of appeal. For the avoidance of doubt, the Parties wish to exclude rights of appeal to any court and rights to refer a question of law to a court pursuant to such legislation. 1.6.7 The Parties will: a) if the AIRC makes an arbitrated decision and an appeal is not lodged under clause 1.6.1 abide by and give full effect to the arbitration decision; and b) if an appeal is lodged under clause 1.6.1, abide by and give full effect to the decision of the Full Bench of the AIRC in determining the appeal.

Appeals to the Full Bench of the AIRC. 1.6.1 Where the dispute (or any matter that remained in dispute) has been arbitrated and a decision given under clause 1.5.2, either Party may appeal the decision to a Full Bench of the AIRC, with the leave of the Full Bench, within 21 days of the date of the arbitrated decision. A Full Bench of the AIRC will have all of the powers as outlined in clause 1.5.1 and shall have the power to confirm, quash, dismiss or vary the decision of the AIRC. 1.6.2 The Full Bench of the AIRC may grant leave to appeal under clause 1.6.1 if, in its opinion, the matter is of such importance that leave should be granted. 1.6.3 An appeal under clause 1.6.1 may be instituted by either Party. 1.6.4 For the purposes of an appeal under clause 1.6.1, a Full Bench of the AIRC may: (a) admit further evidence; and (b) direct a member of the Full Bench to provide a report in relation to a specified matter. 1.6.5 The appeal process set out in this clause 1.6 is intended to be comprehensive of all rights of appeal. 1.6.6 The Parties agree to exclude the operation of any legislation (other than the Workplace Relations Act) applicable to arbitration agreements in relation to rights of appeal. For the avoidance of doubt, the Parties wish to exclude rights of appeal to any court and rights to refer a question of law to a court pursuant to such legislation. 1.6.7 The Parties will: (a) if the AIRC makes an arbitrated decision and an appeal is not lodged under clause clause 1.6.1 abide by and give full effect to the arbitration decision; and (b) if an appeal is lodged under clause 1.6.1, abide by and give full effect to the decision of the Full Bench of the AIRC in determining the appeal.

Appeals to the Full Bench of the AIRC. 1.6.1 Where the dispute (or any matter that remained in dispute) has been arbitrated and a decision given under clause 1.5.2, either Party may appeal the decision to a Full Bench of the AIRC, with the leave of the Full Bench, within 21 days of the date of the arbitrated decision. A Full Bench of the AIRC will have all of the powers as outlined in clause 1.5.1 and shall have the power to confirm, quash, dismiss or vary the decision of the AIRC. 1.6.2 The Full Bench of the AIRC may grant leave to appeal under clause 1.6.1 if, in its opinion, the matter is of such importance that leave should be granted. 1.6.3 An appeal under clause 1.6.1 may be instituted by either Party. 1.6.4 For the purposes of an appeal under clause 1.6.1, a Full Bench of the AIRC may: a) admit further evidence; and b) direct a member of the Full Bench to provide a report in relation to a specified matter. 1.6.5 The appeal process set out in this clause 1.6 is intended to be comprehensive of all rights of appeal. 1.6.6 The Parties agree to exclude the operation of any legislation (other than the Workplace Relations Act) applicable to arbitration agreements in relation to rights of appeal. For the avoidance of doubt, the Parties wish to exclude rights of appeal to any court and rights to refer a question of law to a court pursuant to such legislation. 1.6.7 The Parties will: (a) if the AIRC makes an arbitrated decision and an appeal is not lodged under clause clause 1.6.1 abide by and give full effect to the arbitration decision; and (b) if an appeal is lodged under clause 1.6.1, abide by and give full effect to the decision of the Full Bench of the AIRC in determining the appeal.

Appeals to the Full Bench of the AIRC. 1.6.1 Where the dispute (or any matter that remained in dispute) has been arbitrated and a decision given under clause 1.5.2, either Party may appeal the decision to a Full Bench of the AIRC, with the leave of the Full Bench, within 21 days of the date of the arbitrated decision. A Full Bench of the AIRC will have all of the powers as outlined in clause 1.5.1 and shall have the power to confirm, quash, dismiss or vary the decision of the AIRC. 1.6.2 The Full Bench of the AIRC may grant leave to appeal under clause 1.6.1 if, in its opinion, the matter is of such importance that leave should be granted. 1.6.3 An appeal under clause 1.6.1 may be instituted by either Party. 1.6.4 For the purposes of an appeal under clause 1.6.1, a Full Bench of the AIRC may: (a) admit further evidence; and (b) direct a member of the Full Bench to provide a report in relation to a specified matter. 1.6.5 The appeal process set out in this clause 1.6 is intended to be comprehensive of all rights of appeal. 1.6.6 The Parties agree to exclude the operation of any legislation (other than the Workplace Relations Act) applicable to arbitration agreements in relation to rights of appeal. For the avoidance of doubt, the Parties wish to exclude rights of appeal to any court and rights to refer a question of law to a court pursuant to such legislation. 1.6.7 The Parties will: (a) if the AIRC makes an arbitrated decision and an appeal is not lodged under clause 1.6.1 of Appendix A abide by and give full effect to the arbitration decision; and (b) if an appeal is lodged under clause 1.6.11.6.1 of Appendix A, abide by and give full effect to the decision of the Full Bench of the AIRC in determining the appeal.. AIRC generally

Appeals to the Full Bench of the AIRC. 1.6.1 Where the dispute (or any matter that remained in dispute) has been arbitrated and a decision given under clause 1.5.2, either Party may appeal the decision to a Full Bench of the AIRC, with the leave of the Full Bench, within 21 days of the date of the arbitrated decision. A Full Bench of the AIRC will have all of the powers as outlined in clause 1.5.1 and shall have the power to confirm, quash, dismiss or vary the decision of the AIRC. 1.6.2 The Full Bench of the AIRC may grant leave to appeal under clause 1.6.1 if, in its opinion, the matter is of such importance that leave should be granted. 1.6.3 An appeal under clause 1.6.1 may be instituted by either Party. 1.6.4 For the purposes of an appeal under clause 1.6.1, a Full Bench of the AIRC may: a) admit further evidence; and b) direct a member of the Full Bench to provide a report in relation to a specified matter. 1.6.5 The appeal process set out in this clause 1.6 is intended to be comprehensive of all rights of appeal. 1.6.6 The Parties agree to exclude the operation of any legislation (other than the Workplace Relations Act) applicable to arbitration agreements in relation to rights of appeal. For the avoidance of doubt, the Parties wish to exclude rights of appeal to any court and rights to refer a question of law to a court pursuant to such legislation. 1.6.7 The Parties will: (a) if the AIRC makes an arbitrated decision and an appeal is not lodged under clause 1.6.1 abide by and give full effect to the arbitration decision; and (b) if an appeal is lodged under clause 1.6.1, abide by and give full effect to the decision of the Full Bench of the AIRC in determining the appeal.

Appeals to the Full Bench of the AIRC. 1.6.1 Where the dispute (or any matter that remained in dispute) has been arbitrated and a decision given under clause 1.5.2, either Party may appeal the decision to a Full Bench of the AIRC, with the leave of the Full Bench, within 21 days of the date of the arbitrated decision. A Full Bench of the AIRC will have all of the powers as outlined in clause 1.5.1 and shall have the power to confirm, quash, dismiss or vary the decision of the AIRC. 1.6.2 The Full Bench of the AIRC may grant leave to appeal under clause 1.6.1 if, in its opinion, the matter is of such importance that leave should be granted. 1.6.3 An appeal under clause 1.6.1 may be instituted by either Party. 1.6.4 For the purposes of an appeal under clause 1.6.1, a Full Bench of the AIRC may: (a) admit further evidence; and (b) direct a member of the Full Bench to provide a report in relation to a specified matter. 1.6.5 The appeal process set out in this clause 1.6 is intended to be comprehensive of all rights of appeal. 1.6.6 The Parties agree to exclude the operation of any legislation (other than the Workplace Relations Act) applicable to arbitration agreements in relation to rights of appeal. For the avoidance of doubt, the Parties wish to exclude rights of appeal to any court and rights to refer a question of law to a court pursuant to such legislation. 1.6.7 The Parties will: a) if the AIRC makes an arbitrated decision and an appeal is not lodged under clause 1.6.1 abide by and give full effect to the arbitration decision; and b) if an appeal is lodged under clause 1.6.1, abide by and give full effect to the decision of the Full Bench of the AIRC in determining the appeal.