s.394 - Unfair dismissal

The Australian Children's Music Foundation Limited

Application for an unfair dismissal remedy - extension of time not granted.

[1] This decision concerns an application made by Ms Lucia Avati (Applicant) pursuant to s.394 of the Fair Work Act 2009 for an unfair dismissal remedy involving her dismissal from the Australian Children's Music Foundation Ltd (Respondent).

[2] Section 394(2) of the Act provides that an application for an unfair dismissal remedy must be made 'within 21 days after the dismissal took effect', or within such further period as the Commission allows pursuant to s 394(3). The application in the present matter was filed 209 days outside the 21-day period and can only proceed if the Commission grants a further period for the application to be made.

[3] The application was listed for hearing on 27 February 2026 to determine the extension of time issue. For the reasons given in transcript at the conclusion of the hearing, I am not satisfied that there are exceptional circumstances warranting an extension of time. Accordingly, the application for an unfair dismissal remedy is dismissed.

[4] An order giving effect to this decision is separately issued.

A Lye for The Australian Children's Music Foundation Limited.

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