What is the deadline for fair work appeal notice?

A Fair Work Commission Full Bench appeal notice normally must be lodged within 21 days after the decision, or order where the decision took the form of an order.

Fair Work Commission Rules 2024, rule 128(2)Reviewed 7 August 2026

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The decision date or, for an order, the order date

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The 21-day period is imposed by the Rules, not by s 604 itself. Section 604(1) confers the right to appeal a decision of a single Member (or of the General Manager under the Registered Organisations Act) with permission; s 604(2) requires permission where it is in the public interest. Where the decision was issued as an order, time runs from the date of the order (r 128(2)(b); see also FW Act s 598(4)). Section 400 (unfair dismissal) and s 536MA (unfair deactivation/termination) restrict the permission test.

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21 days from the date of the decision being appealed against, or if the decision was issued in the form of an order, the date of the order

Fair Work Commission Rules 2024 (Cth) r 128(2)(a) and (b)Binding

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Example input: 03/08/2026
Expected result: Monday 24 August 2026

The decision or order being appealed was dated Monday 3 August 2026.

The calculator excludes the decision date and applies the 21-day appeal period. Permission requirements and any application for further time remain separate.

How this deadline is counted

Period: 21 days
Trigger: The decision date or, for an order, the order date
Direction: Forward from the applicable date
Counting method: The trigger day is excluded; the current Australia calculator applies its encoded final-day adjustment.

Permission, any extension and the separate seven-day appeal-book obligation must be checked.

Fair Work Commission Rules 2024. Fair Work Commission Rules 2024, rule 128(2). Fair Work Commission Rules 2024 checked 07/08/2026

Exceptions and case facts

An appeal is not automatically available or successful because a notice is lodged in time.
The Commission may allow further time on application; the calculator does not treat that as automatic.

Deadline Engine is calculation software, not legal advice. Check the current rule, any order and the facts before adding a date to your calendar.

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