the Applicant v Fonterra Australia Pty Ltd
Citation: [2026] FWC 410
What happened
the Applicant, an employee of Fonterra Australia Pty Ltd, filed an application for an unfair dismissal remedy. The application was lodged 201 days beyond the standard time limit. Deputy President Clancy refused to grant an extension of time for the application.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an unfair dismissal remedy. Deputy President Clancy did not grant an extension of time, finding there were no exceptional circumstances to justify it. The Commission did not consider the merits of the underlying unfair dismissal claim.
What it means for employers
Employers should be aware of strict time limits for lodging applications with the Fair Work Commission. Failure to meet these deadlines can result in applications being dismissed, even if there are underlying issues to be addressed.
What it means for employees
Employees must adhere to the time limits for lodging applications with the Fair Work Commission. If an employee believes they need more time, they must seek an extension before the deadline expires.
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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 →