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FWCFair Work Commission · 31 December 2024

the Applicant v Collins Transport Group Pty Ltd

Citation: [2025] FWC 196

What happened

the Applicant commenced employment with Collins Transport Group Pty Ltd. He brought an application to the Fair Work Commission concerning a dismissal. The Commission considered whether the application was lodged within the required time frame, given the Applicant sought legal advice, contacted his former employer, and made inquiries in a different jurisdiction before lodging with the FWC. Deputy President Anderson heard the case.

What was decided

The Fair Work Commission considered whether the Applicant's application to deal with contraventions involving dismissal was lodged out of time. The Commission found that while the application was late, the Applicant had reasonable explanations for the delay, including seeking legal advice and contacting his former employer. The Commission stated, 'I consider that the applicant consulted a lawyer, contacted his former employer and made inquiries in the wrong jurisdiction.' The application was not dismissed for being out of time.

What it means for employers

Employers should ensure clear communication with departing employees regarding their rights and the time limits for lodging applications with the Fair Work Commission. Prompt responses to employee inquiries can help avoid misunderstandings and potential delays in lodging applications.

What it means for employees

Employees should seek legal advice promptly if they believe their workplace rights have been breached. Understanding the time limits for lodging applications with the Fair Work Commission is important, and seeking advice can help ensure compliance.

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Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc196.pdf

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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →

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