the Applicant v Ezi-Flo Roofing & Plumbing Services Pty Ltd
Citation: [2026] FWCFB 180
At a glance
- Employees affected
- 1
What happened
the Applicant appealed a decision made on May 8, 2026, by the Commissioner. The original decision denied an extension of time for the Applicant to file a s 365 application concerning his dismissal. The Applicant initially filed an application within the timeframe but withdrew it after receiving advice from his representative to attempt resolution and pursue a s 372 application. the Respondent, Ezi-Flo Roofing & Plumbing Services Pty Ltd, did not cooperate with this process.
What was decided
the Full Bench refused permission for the Applicant to appeal the Commissioner’s decision. the bench found that the Applicant did not present an arguable case of appealable error. They noted he raised a new argument about representative error during the hearing, which wasn't made initially and lacked clarity. the bench also questioned his use of a s 372 application and rejected newly submitted evidence. Permission to appeal was denied as it was deemed not in the public interest.
What it means for employers
Employers should ensure employees follow proper procedures when lodging claims, and that any delays are properly explained and documented. Failure to cooperate with attempts at resolution could be perceived negatively if a claim proceeds.
What it means for employees
Employees seeking extensions of time for applications must provide full and accurate information upfront. Raising new arguments during an appeal hearing without prior disclosure can weaken the case. Understanding the different types of Fair Work claims is important, as choosing the wrong one may impact your ability to pursue a claim.
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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