Saldanha v Fujitsu Australia Ltd

[2009] WASCA 119

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Industrial Law
2. › Industrial Appeal Court
3. › Jurisdiction
4. › Appeal from Full Bench of Industrial Relations Commission
5. › Time for instituting appeal
6. › Whether power to extend time
7. › No express or implied power to extend
8. › Industrial Relations Act 1979 (WA), s 90(2)
1. Appeal
2. › Competency of appeal
3. › Statutory time limit
4. › Whether time limit is procedural requirement or precondition to competence
5. › Appeal struck out as incompetent

Quick Take

The Industrial Appeal Court has no power, express or implied, to extend the 21-day time limit for appeals from the Full Bench under s 90(2) of the Industrial Relations Act 1979 (WA). An appeal filed outside that period is incompetent and will be struck out. The time limit is a precondition to competence, not a procedural requirement capable of waiver.