Queensland Consolidated Acts Queensland Consolidated Acts(1) If it is alleged that an employee has been unfairly dismissed, an application for reinstatement may be made to the commission for the dismissal to be dealt with under this chapter.
(2) The application must be made within—
(a) 21 days after the dismissal takes effect; or
(b) a further period the commission allows on an application made at any time.
(2A) However, a person—
(a) who, immediately before the commencement of this subsection, was a federal award employee within the meaning of section 72(8), as in force immediately before the commencement of this subsection; and
(b) who was dismissed after 30 June 1999, but before the commencement of this subsection; and
(c) who—
(i) has made an application for reinstatement relating to that dismissal to the commission, but the application was rejected or dismissed because the person was a federal award employee; and
(ii) has not made an application for reinstatement relating to that dismissal to the Australian commission;
may make an application within 21 days after the commencement of this subsection.
(3) An application may be made by—
(a) an employee; or
(b) with the employee's consent—an organisation whose rules entitle it to represent the employee's industrial interests.
(4) The registrar may reject an application if the registrar considers the dismissed employee is a person mentioned in section 72(1) as a person to whom section 73(1) does not apply.
(5) If the registrar rejects the application, the registrar must, by written notice, notify the applicant—
(a) that the application has been rejected; and
(b) of the reasons why the registrar considers the dismissed employee is a person mentioned in section 72(1) as a person to whom section 73(1) does not apply.
(6) The applicant may, by written notice given within 21 days after the registrar's notice is received, inform the registrar that the applicant wishes the application to proceed.
(7) If the applicant does so, the commission must deal with the application, despite the registrar's rejection.
(8) The commission and registrar must deal with an application as quickly as possible.