Introduction
The date we receive a document, not the date you post, email or fax it to us, must be before the deadline. This means we accept documents no later than 11:59 pm on the deadline. We may not accept late applications.
Content
Deadline to receive documents
Send documents electronically
We encourage you to send documents by email. For agreement applications you can use our online form. This is quicker and you can send at any time before the deadline.
Post documents
When you post an application or document, it must arrive at the Commission by the deadline.
We do not accept delays by Australia Post or other mail and courier services as a reason for missing the deadline.
Fax documents
The date you send an application by fax must be no later than the deadline.
What to do if the deadline is near
If you are worried you will miss the deadline because you are waiting for information, you can:
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contact us on 1300 799 675 to find out what options may be available to you
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download the relevant form in Word or PDF, add as much information as you have, and send by email to your nearest Commission office.
Dismissals: apply within 21 days
The 21-day timeline is for the following applications:
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Unfair dismissal
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General protections dismissal
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Unlawful termination
We must receive an unlawful termination application within 21 days after your employment was terminated.
We must receive applications about unfair dismissal or general protections dismissal within 21 days after the dismissal took effect.
Usually, the dismissal took effect on the last day you had a contract of employment with your employer. This may be later than the last day you were at work.
Example
On 7 June, Ray’s employer says he will end Ray’s contract on 30 June.
Ray is on leave from 24 to 30 June. The last day he works for his employer is 23 June but the day the dismissal took effect is 30 June.
We must receive Ray’s application by 11.59pm on 21 July.
If the last day of the 21-day limit is a Saturday, Sunday, or public holiday, we change the deadline to the next business day. We do not extend the deadline because of weekends or public holidays during the 21 days.
Late applications for dismissal (‘out of time’)
When we receive a dismissal application after the deadline, it is ‘out of time’. This means you need to tell us why you missed the deadline.
We may extend the deadline if ‘exceptional circumstances’ caused the delay. Examples of exceptional circumstances are:
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serious illness
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the death of a family member
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a delay or error by a lawyer or paid agent.
A Commission Member will decide if you have an ‘exceptional’ reason. They will take into account:
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the reason why you applied late
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whether you became aware of your dismissal only after it had taken effect
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what you did to show you disagree with the dismissal
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any prejudice to your employer (including prejudice caused by the delay)
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the facts in your application
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the fairness of giving you longer to apply, compared with other people in a similar situation.
We do not accept late applications when the reason is:
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a post or courier service caused the delay
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you did not know about the deadline.
Responses: reply within 7 days
When we contact you about a case, we will tell you when you need to respond or to send (serve) documents to other people.
For some applications, the response is optional but if you choose to respond, the deadline is 7 days. If we receive your response after this time limit, we may not consider it when we decide on the case.
Enterprise agreements timeline
The process to make or change an enterprise agreement has a specific timeline. If the steps in the process do not meet the deadline, you may have to start again.
Use our date calculator tool to work out when you need to take each step.