When is the deadline for general protections court application after a fair work commission certificate?
The catalogue records a 14 days period from The day the Fair Work Commission certificate under s 368(3)(a) is issued. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 14 days
- Trigger
- The day the Fair Work Commission certificate under s 368(3)(a) is issued
- Counting
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- Rollovers and holidays
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- The court may allow a further period on an application made during or after the 14 days (s 370(a)(ii)). The Note to s 370 records that the principles governing that discretion were set down in Brodie-Hanns v MTV Publishing Ltd (1995) 67 IR 298. Never compute the extension.
- Very short and frequently missed. The 14 days runs from the day the certificate is ISSUED, not from receipt. The upstream Commission application under s 365 must itself have been made within 21 days after the dismissal took effect (s 366(1)), extendable only where the Commission is satisfied there are exceptional circumstances (s 366(2)). Because the period is fixed by an Act, it is counted under Acts Interpretation Act 1901 (Cth) s 36 and gets NO 24 December to 14 January exclusion. Exception in s 370(b): the time bar does not apply where the court application includes an application for an interim injunction. The application must be in Form 79 and accompanied by the Commission certificate (r 34.03(1), (3)).