The application must be made within 14 days of an agreement being made.
The 14 days can be extended by the Fair Work Commission where, in all the circumstances, it considers it is fair to do so.[1] This will depend on the reason the application was lodged late.
Important
Section 36(2) of the Acts Interpretation Act 1901 (Cth)[2] deals with when the end of a period of time occurs. It says:
Where the last day of any period prescribed or allowed by an Act for the doing of anything falls on a Saturday, on a Sunday or on a day which is a public holiday or bank holiday in the place in which the thing is to be or may be done, the thing may be done on the first day following which is not a Saturday, a Sunday or a public holiday or bank holiday in that place.
This means that if the end of the 14 day period to lodge an agreement falls on 'a Saturday, on a Sunday or on a day which is a public holiday or bank holiday' then the application can be lodged on the next business day.
An application can be made any time within the 14 day period, including immediately after the agreement is made.[3]