When must I lodge a Fair Work appeal notice?

Lodge the notice of appeal within 21 calendar days after the decision date, or the order date if the decision was issued as an order. Rule 128(2)(c) permits further time on application. Permission to appeal remains separate.

Responsible actor. Person seeking an appeal under section 604.

Read the decision and any order to identify the rule 128(2)(a) or (b) trigger. The rule uses the date of the decision or order, not a universal receipt-of-reasons date.

A notice institutes the appeal process. Permission and the appeal merits remain separate questions.

The appeal book has its own seven-day period after actual notice lodgment. A later appeal-book date does not extend the notice period.

Use this ordinary notice period only after identifying an appeal within rule 128 and section 604. It does not determine whether a decision is appealable, whether you are aggrieved, whether permission will be granted or whether further time is allowed.

1. Establish date of the decision, or date of the order if the decision was issued as an order.
2. Confirm the applicable procedure, the place concerned and any inconsistent direction.
3. Exclude the event day and count 21 calendar days.
4. Check the final day against the established place, including consecutive closures.
5. Complete the required lodgment and separate service steps; preserve their evidence.

Exclude the established trigger day. Count every following calendar day, including intermediate weekends and holidays. The period is not a count of business days.

If the last day is a Saturday, Sunday, public holiday or bank holiday in the place concerned, section 36 carries it to the first following day that is none of those days. Establish the place concerned. State calendars do not establish every local or conditional holiday. Unconfirmed places, conditional dates and unsupported years require review.

Fictitious example

Fictitious established event. Date of the decision, or date of the order if the decision was issued as an order is Monday, October 12, 2026. One established place concerned in Sydney, New South Wales, with local holidays confirmed and no contrary direction.

Fictitious established facts and confirmed place assumptions. These dates do not establish eligibility, effective dismissal or service, valid lodgment, an extension or a Commission direction.

Decision issued as an order

Rule 128(2)(b) measures the ordinary notice period from the order date where the decision was issued as an order. Do not choose the later of multiple document dates without establishing the applicable limb.

Further time

Rule 128(2)(c) allows the Commission to give further time on application by the appellant. A pending request does not prove that extra time was granted.

Permission and book

Rule 128 identifies the section 604 permission requirement and separately requires the appeal book within seven days after notice lodgment. Neither is satisfied merely by calculating this date.

• Use this ordinary notice period only after identifying an appeal within rule 128 and section 604. It does not determine whether a decision is appealable, whether you are aggrieved, whether permission will be granted or whether further time is allowed.
• The notice clock runs from the decision or order. The book clock runs from notice lodgment. Permission, extension and service remain distinct procedural questions.

• Preserve the decision, reasons and any order.
• Establish the applicable decision or order date and the available appeal route.
• Use the approved notice of appeal and address permission and any further-time application.
• Diary the appeal book from actual notice lodgment and separately complete service.
• Check local legal time, the permitted filing channel and every Commission direction. Rule 15 permits physical delivery between 9 am and 5 pm on a business day. Email must comply with rule 16. A commencing email application requires acknowledgment, with lodgment then attributed to electronic receipt. Commencing applications through rule 17 facilities also require acknowledgment. Under MyFWC rule 17A, submission is timed by the confirmation email and a commencing application also needs acknowledgment of lodgment. Preserve the applicable receipt; a saved draft or posted envelope is not proof of timely lodgment.