For example, you may believe that the person who made the original decision:
acted on the wrong part of the Fair Work Act 2009
used irrelevant factors to guide the decision
did not fully understand the facts
did not consider an important piece of information.
1. An error of law
An error of law means:
you believe the Commission did not have the power to deal with the original case
you believe the Commission used the law incorrectly to make the decision.
If you believe there was a major legal error in the original case, you must prove this to the Full Bench.
2. An error of fact
An error of fact means:
you believe the Commission made an error in the original decision because the evidence supported a different result.
The Members of the Appeals Bench do not consider whether they would have made a different decision with the same facts. They look at whether there was an error in how the Commission interpreted the facts.