Here are some 2018 cases involving difficulties with electronic lodgement at the Fair Work Commission. In each case, exceptional circumstances were found and an extension of time granted.
[2018] FWC 1490 Qld Bosschieter v CSA Services (Jones Family Trust) (s365 application one day late – “Mrs Bosscheiter made a genuine attempt to upload the application in an eligible format, but experienced difficulty as she did not have access to a computer. … Mrs Bosscheiter had a reasonable believe (sic) it had been accepted. Upon being made aware the application was not in an eligible format … Mrs Bosscheiter was proactive in her attempt to resubmit, and had to wait for her friend to return from work to borrow their computer” @19 – extension granted)
[2018] FWC 2933 Qld Chartier v Community Solutions Group (exceptional circumstances found where there was an unsuccessful attempt to lodge application the day before time limit expired – A was not able to contact the Commission until the next day as the attempt to lodge was made outside business hours)
[2018] FWC 3334 NSW Wignall v White Sneakers P/L (exceptional circumstances found – “The circumstances were uncommon in that due to a technical issue with the Commission’s on-line lodgement process, Mr Wignall’s application was not received at the time of attempted lodgement, and at the time the filing fee was paid” @25)
[2018] FWC 2864 Qld Bruschi v BHP Billiton Mitsui Coal P/L (application one day late due to A having problems with e-lodgement – A got a reference number after lodging, but did not realize his attempt to pay with his credit card had failed until hours later – he could have tried again the same day, but waited till the next morning to contact the Commission to sort things out – exceptional circumstances found and extension granted)
[2018] FWC 4068 Qld Galbraith v Compass Group Remote Hospitality Services P/L (“Here, Ms Galbraith had attempted to submit her application from the Townsville Library, to a valid Commission email address. She believed her attempt on 18 April 2018 to have been successful. … Ms Galbraith made a genuine attempt to submit the application in an eligible format and to a valid Commission address, but experienced technical difficulties she was not immediately made aware of. She initiated a follow-up call to the Commission the next day, and upon being made aware the application had not been successfully filed, she resubmitted” @15 – exceptional circumstances found)