TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for extension of time for lodgement of application – reasons for decision – application lodged 35 days late – reason for delay not exceptional – applicant did not take any action to dispute dismissal aside from filing application – no prejudice to employer – Commission not required to embark on a detailed consideration of the substantive case [Kornicki] – not satisfied there was exceptional circumstances – application for extension of time refused – jurisdictional objection upheld – application dismissed – order has been previously issued. Fleming v Superior Park P/L t/a Superior Park.

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