Document ID: chunk:federal_register_of_legislation:C2025C00150:section:394
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 394
Character Range: 1013224–1014447

394  Application for unfair dismissal remedy
 (1) A person who has been dismissed may apply to the FWC for an order under Division 4 granting a remedy.
Note 1: Division 4 sets out when the FWC may order a remedy for unfair dismissal.
Note 2: For application fees, see section 395.
Note 3: Part 6‑1 may prevent an application being made under this Part in relation to a dismissal if an application or complaint has been made in relation to the dismissal other than under this Part.
 (2) The application must be made:
 (a) within 21 days after the dismissal took effect; or
 (b) within such further period as the FWC allows under subsection (3).
 (3) The FWC may allow a further period for the application to be made by a person under subsection (1) if the FWC is satisfied that there are exceptional circumstances, taking into account:
 (a) the reason for the delay; and
 (b) whether the person first became aware of the dismissal after it had taken effect; and
 (c) any action taken by the person to dispute the dismissal; and
 (d) prejudice to the employer (including prejudice caused by the delay); and
 (e) the merits of the application; and
 (f) fairness as between the person and other persons in a similar position.