Industrial Relations Act 1996

An application under this Part must be made not later than 21 days after the dismissal of the employee.

The Commission is required to accept an application that is made out of time if the applicant has previously made a similar application under Commonwealth law relating to the same dismissal and—

the similar application was made within the time required by that Commonwealth law, and

the similar application has not been settled or determined, and

the application under this Part is made not later than 21 days after the similar application is withdrawn, or is declined because of the existence of an alternative remedy under this Part.

The Commission may accept an application that is made out of time if the Commission considers there is a sufficient reason to do so, having regard in particular to—

the reason for, and the length of, the delay in making the application, and

any hardship that may be caused to the applicant or the employer if the application is or is not rejected, and

the conduct of the employer relating to the dismissal.