the Applicant v Trident Services Security Pty Ltd & Transport Workers' Union of Australia-NSW/QLD/VIC/TAS (Interim Governance) Branch (179V-NSW)
Citation: [2026] FWC 3246
What happened
the Applicant sought to extend the time to file an application under section 365 of the Fair Work Act 2009. He alleges he was dismissed by Trident Services Security Pty Ltd in breach of workplace laws. The standard timeframe for filing such an application is 21 days, but the Applicant lodged his application 22 days late. He explained the delay was due to initially filing a lawsuit in the Federal Circuit and Family Court of Australia, believing his dismissal could be added to existing court proceedings. He did not realise a Fair Work Commission dispute certificate was required first.
What was decided
The Fair Work Commission rejected the Applicant’s request for an extension of time. The Commission found he did not demonstrate ‘exceptional circumstances’ to justify the delay. The Commission noted that resources are available to guide applicants through the process and that ignorance of legal procedures is not considered exceptional. The application was dismissed, meaning it will not proceed.
What it means for employers
Employers should be aware that late applications to the Fair Work Commission are unlikely to be accepted without a clear demonstration of exceptional circumstances. Employees are expected to understand the relevant timeframes for lodging claims.
What it means for employees
Employees must adhere to strict time limits when lodging applications with the Fair Work Commission. Seeking legal advice early on can help ensure compliance with these deadlines. Ignorance of the process is not a valid excuse for late 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