the Applicant v Enel X Australia Pty Ltd
Citation: [2026] FWC 315
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.
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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