Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 366

Time for application

             (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.



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