Section 774 — Fair Work Act 2009 (Cth)

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

(a) within 21 days after the employment was terminated; or

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

(2) The FWC may allow a further period if the FWC 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.

Related sections

• s 771 — Object of this Division
• s 772 — Employment not to be terminated on certain grounds
• s 773 — Application for the FWC to deal with a dispute
• s 775 — Application fees
• s 776 — Dealing with a dispute (other than by arbitration)
• s 777 — Dealing with a dispute by arbitration

Research how courts apply s 774

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.