the Applicant v Enel X Australia Pty Ltd
What happened
the Applicant brought a general protections application against Enel X Australia Pty Ltd. The application was filed out of time. The Fair Work Commission considered whether the circumstances were exceptional enough to allow the application to proceed despite being filed late.
What was decided
The Fair Work Commission dismissed the Applicant’s application. The Commission found the circumstances were not exceptional, and therefore the application was not filed within the prescribed time limit. The decision references previous cases including *Stogiannidis v Victorian Frozen Foods Distributors Pty Ltd* and *Mamo v ICLED Australia Pty Limited* which outline the requirements for an application to proceed out of time.
What it means for employers
Employers should be aware of the strict time limits for filing general protections applications. Even if an application is filed late, the Commission may still allow it to proceed if the circumstances are exceptional. This requires careful consideration of the specific facts of each case.
What it means for employees
Employees should be aware of the time limits for filing applications with the Fair Work Commission. If an application is filed late, it is important to demonstrate that there were exceptional circumstances that prevented timely filing.
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.
Send your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want 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.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Renews monthly at A$29.99 until you cancel. By continuing you agree to our Terms.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.