s.365 - Application to deal with contraventions involving dismissal

Genus Plus Group Ltd (Incorporating Commtel Network Solutionspty Ltd)

Application to deal with contraventions involving dismissal - jurisdictional objection - application made outside of 21-day time limit - no exceptional circumstances - application dismissed.

[1] On the 28 November 2025, Mr Joshua Molenkamp (the Applicant) lodged an application (the Application) pursuant to s. 365 of the Fair Work Act 2009 (the Act) in which he asserts that the termination of his employment on 17 October 2025 by Genus Plus Group Ltd (Incorporating Commtel Network Solution Pty Ltd) (the Respondent) contravened his workplace rights.

[2] Section 366(1) of the Act states that a general protections dismissal dispute application must be made 'within 21 days after the dismissal took effect', or within such further period as the Fair Work Commission (the Commission) allows pursuant to s 366(2) of the Act. The period of 21 days ended at midnight on 7 November 2025. The Application was therefore filed 14 days outside the 21-day period. The Applicant asks the Commission to grant a further period for the Application to be made under s 394(3) of the FW Act.

• [3] The Act allows the Commission to extend the period within which a general protections dismissal dispute application can be made, only if it is satisfied that there are 'exceptional circumstances.' Briefly, exceptional circumstances are circumstances that are out of the ordinary course, unusual, special, or uncommon but the circumstances themselves do not need to be unique nor unprecedented, nor even very rare.[1] Exceptional circumstances may include a single exceptional matter, a combination of exceptional factors, or a combination of ordinary factors which, although individually of no particular significance, when taken together can be considered exceptional.[2]

[4] For reasons given on transcript in proceedings on 19 January 2026, I have found that exceptional circumstances are not present in this case, either when the various circumstances are considered individually or together. Because I am not satisfied that there are exceptional circumstances, there is no basis for me to allow an extension of time. I decline to grant an extension of time under s 366(2) of the Act. Accordingly, the Application must be dismissed. An Order to that effect will be issued with this decision.

[1] Nulty v Blue Star Group Pty Ltd [2011] FWAFB 975 at [13].

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