Fair Work Act 2009

An application under section 773 must be made:

within 21 days after the alleged termination took effect; or

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

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

the reason for the delay; and

any action taken by the employee to dispute the alleged termination; and

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

the merits of the application; and

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