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When is the deadline for unlawful termination 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 776(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 776(3)(a) is issued
Counting
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Rollovers and holidays
Holiday, closure and order treatment must be independently documented before publication.

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  • The court may allow a further period on an application made during or after the 14 days (s 778(a)(ii)); Brodie-Hanns principles per the statutory Note. Never compute the extension.
  • Mirrors s 370 for general protections. Exception in s 778(b) where the application includes an application for an interim injunction. Application must be in Form 80 and accompanied by the Commission certificate (r 34.04). Counted under Acts Interpretation Act 1901 (Cth) s 36.

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