The application must be made within 14 days of an agreement being made.
The 14 days can be extended by the Fair Work Commission where, in all the circumstances, it considers it is fair to do so. This will depend on the reason the application was lodged late.
Section 36(2) of the Acts Interpretation Act 1901 (Cth) deals with when the end of a period of time occurs. It says:
This means that if the end of the 14 day period to lodge an agreement falls on 'a Saturday, on a Sunday or on a day which is a public holiday or bank holiday' then the application can be lodged on the next business day.
An application can be made any time within the 14 day period, including immediately after the agreement is made.