Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 366

  (1)   An application under section   365 must be made:

  (a)   within 21 days after the dismissal took effect; or

  (b)   within such further period as the FWC allows under subsection   (2).

  (2)   The FWC may allow a further period if the FWC is satisfied that there are exceptional circumstances, taking into account:

  (a)   the reason for the delay; and

  (b)   any action taken by the person to dispute the dismissal; and

  (c)   prejudice to the employer (including prejudice caused by the delay); and

  (d)   the merits of the application; and

  (e)   fairness as between the person and other persons in a like position.