Fair Work Amendment (State Referrals and Other Measures) Act 2009 (124 of 2009)

Schedule 3   Other amendments

Part 1   Main amendments

Fair Work Act 2009

7   After subsection 565(1)

Insert:

(1A) No appeal lies from a decision of an eligible State or Territory court exercising jurisdiction under this Act, except:

(a) if the court was exercising summary jurisdiction - an appeal, to that court or another eligible State or Territory court of the same State or Territory, as provided for by a law of that State or Territory; or

(b) in any case - an appeal as provided for by subsection (1).

Appeals from appellate decisions of eligible State or Territory courts

(1B) An appeal lies to the Federal Court from a decision of an eligible State or Territory court made on appeal from a decision that:

(a) was a decision of that court or another eligible State or Territory court of the same State or Territory; and

(b) was made in the exercise of jurisdiction under this Act.

(1C) No appeal lies from a decision to which subsection (1B) applies, except an appeal as provided for by that subsection.

Note: The following heading to subsection 565(1) is inserted "Appeals from original decisions of eligible State or Territory courts".