Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Application for an unfair dismissal remedy - Out of time - No exceptional circumstances - Extension not granted - Application not validly made - Application dismissed.

• [1] This is an edited version of a decision delivered ex-tempore on 28 July 2025.

• [2] Before considering whether a dismissal is unfair, the Commission must first be satisfied that an application is made within time or allow a further period of time under section 394 of the Fair Work Act 2009 (Cth).

• [3] On 4 June 2025, Mr Tyler Slatterie applied to the Fair Work Commission for an unfair dismissal remedy.

• [4] The respondent named in Mr Slatterie's application is Bega Cheese Limited.

• [5] Mr Slatterie says that he was dismissed by Programmed Skilled Workforce in around June or August 2024. He also says that he was never informed by Programmed Skilled Workforce of his dismissal. Nevertheless, he became aware of his dismissal in around August 2020, so Mr Slatterie's application was filed around one year after the dismissal took effect, well after the end of the statutory time period.

• [6] In order to extend time, I must be satisfied that there are exceptional circumstances having regard to the factors in s 394(3) of the Act. Having considered the oral submissions and limited evidence before me, I am not satisfied that there are exceptional circumstances to allow a further period of time for the application to be made. This is because none of the factors in s 394(3), weigh in favour of a finding of exceptional circumstances. In particular, the following matters weigh against such a finding.

• [7] Mr Slatterie says that there is no reason for the delay in having filed his application.

• [8] Mr Slatterie further confirmed that he is aware his employer was Programmed Skilled Workforce and not Bega Cheese Limited, and so he has named the wrong respondent in this matter. As such, the merits of his application against Bega Cheese Limited are limited.

• [9] Whilst Mr Slatterie says that he took action to dispute his dismissal, that action was with Programmed Skilled Workforce rather than the respondent to this application. Mr Slatterie did not take any action with respect to Bega Cheese Limited.

• [10] As there are no factors that weigh in favour of a finding of exceptional circumstances, I'm not satisfied that there are exceptional circumstances, and I cannot extend time to allow this application to be made.

• [11] I order that Mr Slatterie's application for an unfair dismissal remedy under Fair Work Commission matter number U2025/10504 filed on the 4 June 2025 be dismissed.

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