the Applicant v Jvs Timber Wholesalers Pty Ltd & the Respondent
Citation: [2026] FWC 3120
What happened
the Applicant lodged an application under section 365 of the Fair Work Act 2009. The application was lodged 19 days out of time. A hearing was conducted on 13 August 2026.
What was decided
the Commission granted an extension of time for the Applicant to make his application. The extension allowed him to file the application by 11 July 2026. The Commission considered the matters outlined in section 366(2) before exercising its discretion. A certificate was issued under section 368(3)(a) after a conference to deal with the dispute.
What it means for employers
Employers should be aware of the time limits for lodging applications under the Fair Work Act. Applications lodged out of time may still be considered if the Commission exercises its discretion to grant an extension.
What it means for employees
Employees who believe they have grounds for a Fair Work claim should be mindful of the time limits for lodging applications. If a deadline is missed, it is still possible to seek an extension of time, but this is at the Commission's discretion.
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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