A one-day delay in filing a general protections application with the Fair Work Commission proved fatal, reinforcing that such timeframes are strictly enforced absent exceptional circumstances.
In issue
- Whether the applicant’s general protections application involving dismissal was filed within the statutory 21-day timeframe or, if not, whether exceptional circumstances existed to justify an extension of time.
The background
On 10 June 2026 the applicant lodged a general protections application involving dismissal, under section 365 of the Fair Work Act 2009 (Cth) (FW Act), after being dismissed by the respondent on 19 May 2026. The respondent raised a jurisdictional objection, arguing the application was filed one day late.
