1 Fair Work Act 2009 s.365—General protections Mary Ann Abellanoza v Salini Australia Pty Ltd (C2026/6650) DEPUTY PRESIDENT DEAN CANBERRA, 1 JULY 2026 Application to deal with contraventions involving dismissal – extension of time. [1] Ms Mary Ann Abellanoza (the Applicant) has made an application under s 365 of the Fair Work Act 2009 (Act) in which she alleges that she was dismissed in contravention of Part 3-1 of the Act. Section 366(1)(a) of the Act requires such applications to be made within 21 days after the dismissal took effect, or within such further period as the Commission allows. [2] The Applicant’s employment with Salini Australia Pty Ltd (Respondent) ended on 16 April 2026 and her application was made on 20 May 2026. The application was filed 13 days outside the 21-day period and may only proceed if the Commission allows an extension of time. [3] The Commission may exercise its discretion to allow a further period only if it is satisfied that there are exceptional circumstances. [4] The matter was listed for hearing on 1 July 2026 for determination of whether an extension of time should be granted. At the hearing, the Applicant appeared on her own behalf and the Respondent was represented by Mr Matthew Freedman. [5] For the reasons given orally at the hearing, I am not satisfied that there are exceptional circumstances warranting an extension of time. Accordingly, the application is dismissed. [6] An order giving effect to this decision is separately issued. DEPUTY PRESIDENT [2026] FWC 2453 DECISION [2026] FWC 2453 2 Appearances: M Abellanoza on her own behalf. M Freedman for Salini Australia Pty Ltd. Hearing details: 2026. By telephone: July 1. Printed by authority of the Commonwealth Government Printer <PR811569>