The distinction between an extension of time for a procedural step (where a more liberal approach applies) and an extension of time for instituting an appeal (where the applicant must show strict compliance would work an injustice) must be observed by the Full Bench. Under the 1997 amendments to s 23A of the Industrial Relations Act 1979 (WA), employers can elect to pay compensation instead of reinstating an unfairly dismissed employee, making reinstatement claims practically futile where the employer opposes reinstatement. The WA Industrial Relations Commission has no jurisdiction to enforce Federal Award entitlements, which must be pursued in the Federal Court or a court of competent jurisdiction as defined in s 177A of the Workplace Relations Act 1996 (Cth).
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