the Applicant v Edlar Pty Ltd (Formerly Known As Bosnar Engineering Pty Ltd)
Citation: [2026] FWC 2896
At a glance
- Employees affected
- 1
What happened
the Applicant applied to the Fair Work Commission on 30 June 2026, claiming a general protections contravention related to his dismissal. His application was one day late. He was initially told he was dismissed on 8 June 2026, but later received conflicting dates of 7 and 5 July 2026. The Commission proceeded based on the 8 June 2026 date. The delay in filing was attributed to an error by the Applicant’s legal representative.
What was decided
The Fair Work Commission granted the Applicant an extension of time to file his application, despite it being lodged late. This decision was made because the delay resulted from a mistake by his legal representative and the Respondent did not oppose the extension. The Commission considered factors under section 366(2) of the Fair Work Act 2009. The matter will now proceed to determine whether Edlar Pty Ltd was a constitutionally-covered entity at the relevant time.
What it means for employers
Employers should be aware that late applications can sometimes be accepted if there are exceptional circumstances, such as an error by legal representation. While this doesn't guarantee acceptance, it highlights the importance of addressing any jurisdictional objections promptly to avoid unnecessary delays and costs.
What it means for employees
Employees who miss deadlines for lodging Fair Work claims may still have a chance to proceed if they can demonstrate exceptional circumstances, such as an error by their legal representative. It is important to seek legal advice quickly even if the deadline has passed.
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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 →