the Applicant v BHP Coal Pty Ltd
What happened
the Applicant commenced an application for an unfair dismissal remedy. BHP Coal Pty Ltd, his former employer, sought to have the application dismissed because it was lodged outside the prescribed time limit. The Fair Work Commission considered whether the time limit should be extended.
What was decided
The Fair Work Commission dismissed the Applicant’s application. The Commissioner found there were no exceptional circumstances to justify extending the time limit for filing the application. As stated in the decision, “I am not persuaded that there were any exceptional circumstances that would warrant an extension of time”.
What it means for employers
Employers should ensure employees are aware of the strict time limits for lodging applications to the Fair Work Commission. This decision highlights the importance of adhering to these deadlines, as failure to do so can result in an application being dismissed.
What it means for employees
Employees need to be aware of the time limits for lodging applications with the Fair Work Commission. If an employee believes they have a valid reason for missing the deadline, they should seek legal advice promptly to assess whether exceptional circumstances exist that might allow for an extension.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Send your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Renews monthly at A$29.99 until you cancel. By continuing you agree to our Terms.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.