Application by the Applicant
Citation: [2025] FWC 3925
What happened
The Applicant applied to the Fair Work Commission to deal with contraventions involving a dismissal. The application was made outside of the standard 21-day time limit. Deputy President Masson and another Deputy President considered the application.
What was decided
The Fair Work Commission dismissed the Applicant’s application. The Commission found that the application was made outside the 21-day time limit and there were no exceptional circumstances to justify an extension. As stated in the decision, “application made outside of 21-day time limit – no exceptional circumstances – application dismissed.”
What it means for employers
Employers should ensure they are aware of the strict time limits for lodging applications with the Fair Work Commission. Failure to meet these deadlines can result in applications being dismissed, even if there are underlying issues of concern.
What it means for employees
Employees need to be mindful of the 21-day time limit for lodging applications with the Fair Work Commission. If an employee believes they have missed the deadline, they should seek legal advice promptly to assess whether exceptional circumstances might apply.
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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 →