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PROBLEMS WITH ELECTRONIC LODGEMENT AT THE FAIR WORK COMMISSION

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)