[2026] FWC 173
Citation: [2026] FWC 173
What happened
Mr Anthony Bond was dismissed from Brian’s Auto Centre Pty Ltd on 7 September 2025. He filed an unfair dismissal application with the Fair Work Commission on 30 September 2025, one day past the 21-day deadline. Mr Bond posted the application via express post from the Gold Coast, and postal delays prevented its delivery to the Commission’s Brisbane office until 30 September 2025. The Respondent raised a jurisdictional objection, arguing the application was filed out of time. Mr Bond stated on the application form that it was being lodged within the timeframe, noting a potential one-day delay due to posting.
What was decided
The Fair Work Commission found Mr Bond’s application was ‘made’ on 30 September 2025, the date it was received by the Commission’s Brisbane office. Following the reasoning in Gore v Coles Supermarkets Australia Pty Ltd, the Commission determined that a posted application is not ‘made’ until it is received. The Commission considered whether to grant an extension of time, referencing the criteria in section 394(3) of the Fair Work Act 2009. A decision on whether to grant the extension was not made in this decision.
What it means for employers
Employers should be aware that postal delays, beyond the employee's control, can impact the timeliness of unfair dismissal applications. While the Commission may grant extensions of time in certain circumstances, employers should be prepared to address jurisdictional objections and potentially defend claims even if filed slightly out of time.
What it means for employees
Employees should be mindful of the 21-day timeframe for lodging unfair dismissal applications. While postal delays can be a factor, employees should attempt to ensure timely submission, considering alternative delivery methods if possible.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc173.pdfWant more cases like this?
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This summary was drafted by AI 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 →