[2025] FWCFB 192

Fair Work Act 2009

s.604 - Appeal of decision

Purported appeal from settlement agreement in U2025/6066

[1] Feng Wang has lodged a notice of appeal that seeks to challenge the amount of compensation in a settlement agreement made between Mr Wang and his former employer. The agreement resolved an unfair dismissal application made by Mr Wang under s 394 of the Fair Work Act 2009 (Act). The notice of appeal states that the decision under appeal is that of a staff conciliator who conducted the conciliation conference at which the settlement agreement was reached. The appeal was listed for permission to appeal only. The parties consented to the matter being determined without a hearing and we are satisfied that it can be adequately determined without the parties making oral submissions (see s 607(1)).

[2] The appeal is incompetent. Section 604 of the Act provides that a person who is aggrieved by 'a decision made by the FWC' may appeal the decision, with the permission of the Commission. There is no such decision in this case. The settlement agreement reflects a decision of Mr Wang and his former employer, not the Commission. Section 598(1) puts the matter beyond any doubt. It provides that a reference to a decision of the Commission does not include an outcome of a process carried out by the Commission in accordance with s 595(2), which concerns dealing with disputes other than by arbitration, such as by conciliation. The settlement agreement was the outcome of conciliation. It is plain that the appeal does not relate to an appealable decision. It is not in the public interest, or otherwise appropriate, to grant permission to appeal in such a case. Permission to appeal is therefore refused.

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