See Fair Work Act 2009 s.394(2)–(3)
The Fair Work Commission may extend the time period for lodging an unfair dismissal application only if the Commission is satisfied that there were exceptional circumstances for not lodging the application on time.
The Commission will take into account:
- the reasons for the delay
- whether the former employee first became aware of the dismissal after it had taken effect
- any action taken by the former employee to dispute the dismissal
- prejudice to the employer (including prejudice caused by the delay)
- the merits of the application, and
- fairness between the former employee and other persons in similar positions.