Fair Work Commission deadline

Fair Work appeal notice deadline calculator

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.

Calculate this deadline

Rule reviewed 7 August 2026

At a glance

What the calculator applies

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.

Free calculation

Calculate from the relevant date

The jurisdiction, forum and triggering event are preset for this deadline. Enter the date and any facts the calculator asks for.

What deadline are you checking?

Jurisdiction

AustraliaBrowse jurisdictions

Court, tribunal or state system

Court, tribunal or institution

Deadline

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

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.

When did the clock start?

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Reviewed June 2026 · Federal Court Rules 2011Review coverage and exclusions

Worked check

See what the calculator checks before it produces a date

Example input: 03/08/2026

Start with 03/08/2026 as the the decision date or, for an order, the order date. The calculator applies the trigger day is excluded; the current australia calculator applies its encoded final-day adjustment. and permission, any extension and the separate seven-day appeal-book obligation must be checked. before it shows the cited output and the checks that may change it.

Calculation basis

How the date is counted

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.

Check before use

Exceptions and matter 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.

Check this result before using it

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

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