the Applicant v Somerville Retail Services Pty Ltd
Citation: [2026] FWC 1985
What happened
the Applicant sought an extension of time to file an application under section 365 of the Fair Work Act. Somerville Retail Services Pty Ltd was the respondent. The application was delayed by 680 days.
What was decided
Deputy President Clancy dismissed the Applicant’s application for an extension of time. The decision states, "Application made under s.365 – delay of 680 days- application for extension of time dismissed." The Fair Work Commission did not provide reasoning for the dismissal in the provided text.
What it means for employers
Employers should be aware of strict time limits for Fair Work applications. Delays can lead to applications being rejected, as seen in this case. Ensure compliance processes are in place to meet deadlines.
What it means for employees
Employees need to be mindful of the time limits for lodging applications with the Fair Work Commission. Seeking extensions is possible, but not guaranteed, and significant delays can result in rejection.
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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