Application by Cassandra Melanie Jeffries [2026] FWC 458 (13 February 2026)

[5] In deciding whether there are exceptional circumstances, the Commission must take into account each of the factors listed in s.366(2). The exceptional circumstances requirement sets a 'high hurdle' for applicants to overcome. The Full Bench in Nulty v Blue Star Group Pty Ltd [2011] FWAFB 975, (2011) 203 IR 1 described exceptional circumstances as "a situation which is out of the ordinary course, unusual, special or uncommon":

(see Mamo v ICLED Australia Pty Limited T/A Signs National Group [2021] FWC 3903 at [20] -[25] and the cases cited in that decision).

[13] Representative error may constitute exceptional circumstances if the applicant has not contributed to the delay. Generally, applicants cannot simply contact a solicitor or a union and then sit on their hands for an extended period (Keith Long v Keolis Downer t/as Yarra Trams [2018] FWCFB 4109 at [59]- [61], [2018] FWCFB 4109; (2018) 279 IR 361).

(2011) 203 IR 1

(2018) 279 IR 361