the Applicant v Optimum Performance Training Pty Ltd
Citation: [2025] FWC 530
What happened
the Applicant brought a general protections application to the Fair Work Commission. She alleged adverse action due to her workplace rights. Optimum Performance Training Pty Ltd, the respondent, argued the application was filed out of time. The Fair Work Commission case number was C2024/9241.
What was decided
Deputy President Saunders dismissed the Applicant’s application. The Commission found the application was filed out of time. It also determined the circumstances were not exceptional enough to justify the late filing. The Commission did not consider the merits of the underlying claim of adverse action.
What it means for employers
Employers should be aware of strict time limits for filing general protections applications. Late applications are unlikely to be accepted unless there are exceptional circumstances.
What it means for employees
Employees need to be mindful of the time limits for filing applications to the Fair Work Commission. Seeking legal advice promptly is important if you believe your workplace rights have been breached.
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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