Justice Ian Ross has told the NSW IR Society’s annual conference that there is “no substance” to claims for an independent appeal mechanism based on “inconsistent” Fair Work Commission decision-making.

He said that any court or tribunal has to deal with the issue of members differing on how they exercise their discretion, and that the Commission’s approach has “simply evolved over time on the basis of the material presented”.

Justice Ross said that a new appeal mechanism would not lead to fewer inconsistent findings and that the current legislation already provided an appropriate appeals, reviews and referrals mechanism, where an error occurs in exercising a discretion.