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.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc1985.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →