Application by Monaco
Citation: [2025] FWC 3811
What happened
An application was made to the Fair Work Commission regarding a contravention involving dismissal. The application was filed out of time. Deputy President Millhouse heard the case. The Fair Work Commission did not consider there were exceptional circumstances to allow the application to proceed.
What was decided
The Fair Work Commission dismissed the application. The Commission found there were no exceptional circumstances to allow the out-of-time application to proceed. As stated in the decision, “application dismissed.”
What it means for employers
Employers should ensure they adhere to time limits for lodging applications with the Fair Work Commission. Failure to do so may result in the application being dismissed, even if there are underlying issues.
What it means for employees
Employees should be aware of the time limits for lodging applications with the Fair Work Commission. If an employee misses a deadline, they should seek legal advice promptly to determine if exceptional circumstances exist that might allow the application to proceed.
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https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc3811.pdfWant more cases like this?
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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 →