Fair Work Act 2009

An appeal from, or a review of, a decision of the FWC or the General Manager may be heard or conducted without holding a hearing only if:

it appears to the FWC that the appeal or review can be adequately determined without persons making oral submissions for consideration in the appeal or review; and

the persons who would otherwise, or who will, make submissions (whether oral or written) for consideration in the appeal or review consent to the appeal or review being heard or conducted without a hearing.

The FWC may:

admit further evidence; and

take into account any other information or evidence.

The FWC may do any of the following in relation to the appeal or review:

confirm, quash or vary the decision;

make a further decision in relation to the matter that is the subject of the appeal or review;

refer the matter that is the subject of the appeal or review to an FWC Member (other than an Expert Panel Member) and:

require the FWC Member to deal with the subject matter of the decision; or

require the FWC Member to act in accordance with the directions of the FWC.