Application by Manveer Transport Australia Pty Ltd .
Citation: [2026] FWC 2783
What happened
Manveer Transport Australia Pty Ltd (Manveer Transport) entered into contracts for services with Australian Subcontractor Services Pty Ltd (ACS) starting in February 2025. ACS terminated the Applicant's contract on April 9, 2026, effective May 8, 2026. The Applicant filed an application for an unfair termination remedy with the Fair Work Commission (FWC) on June 11, 2026, which was outside the 21-day filing deadline. The company sought an extension of time to file, citing factors like language barriers and financial hardship.
What was decided
The FWC refused the Applicant’s application for an extension of time to file its unfair termination remedy claim. The Commissioner found that the Applicant did not demonstrate ‘exceptional circumstances’ justifying the delay. The Commission considered factors such as the reason for the delay, prejudice to the Respondent, and the merits of the underlying claim. The Commission noted the Applicant's lack of awareness about the Fair Work Act’s jurisdiction, self-representation, and financial difficulties were not exceptional in themselves.
What it means for employers
Employers should ensure contractors are aware of their rights under Australian workplace law, including time limits for lodging claims. Providing clear communication regarding termination processes and reasons is crucial to avoid disputes. Maintaining accurate records related to performance issues and warnings is also important.
What it means for employees
Employees (or in this case, subcontractors) should be aware of the strict 21-day deadline for filing unfair termination applications. Seeking legal advice promptly after a termination is recommended, especially if there are language or comprehension barriers. Documenting all communication and actions taken to resolve issues is also advisable.
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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 →