Document ID: chunk:federal_register_of_legislation:C2025C00150:section:366
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 366
Character Range: 988259–988886

366  Time for application
 (1) An application under section 365 must be made:
 (a) within 21 days after the dismissal took effect; 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 person to dispute the dismissal; 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.