Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 774

Time for application

             (1)  An application under section 773 must be made:

                     (a)  within 60 days after the employment was terminated; or

                     (b)  within such further period as FWA allows under subsection (2).

             (2)  FWA may allow a further period if FWA is satisfied that there are exceptional circumstances, taking into account:

                     (a)  the reason for the delay; and

                     (b)  any action taken by the employee to dispute the termination; 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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