Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Application for an unfair dismissal remedy - binding settlement agreement - application dismissed

• [1] On 29 October 2024, Mr Brock Purches applied to the Commission for an unfair dismissal remedy ("the Application"), under section 394 of the Fair Work Act 2009 ("the Fair Work Act").

• [2] On 16 January 2025 I conducted a conference with the parties. At that conference, the parties settled their dispute.

• [3] That afternoon, my Associate wrote to the parties in the following terms, by email:

We refer to the conference held in this matter at 2:00pm on 16 January 2025.

At the conference, the parties agreed to settle. They reached finality in arranging all the terms of their bargain.

Attached please find the Terms of Settlement. Please sign the document where indicated and return it by email.

• [4] A document setting out the terms of the settlement was attached to that email.

• [5] On 24 February 2025 my Associate wrote to the Applicant, with a copy to the Respondent, in the following terms, by email:

We note that the above matter was settled on Thursday, 16 January 2025.

Please advise whether you wish to continue your application. You can do this by:

• Filing a completed Form F50 - Notice of discontinuance; or

• Replying to this email confirming that you wish to discontinue.

Please provide either of the above at your earliest possible convenience.

• [6] On 27 March 2025 my Associate wrote to the parties, by email, in the following terms:

We refer to the conference held on 16 January 2025, and to our emails of 16 January 2025 and 24 February 2025.

The Commission is considering dismissing this case on the basis that the parties have entered into a binding settlement agreement, and on that basis the application has no reasonable prospects of success. If the Commission decides to dismiss the case on that basis, a decision may be published.

If any party wishes to be heard in relation to the above, please tell us. Alternatively, Mr Purches, if you want to discontinue this case, please tell us.

Parties, please respond no later than 4:00 pm on 3 April 2024.

• [7] No party responded to that email, or the preceding ones of 16 January or 24 February 2025.

• [8] I am satisfied that the parties reached a binding settlement agreement. Accordingly, continued pursuit of the Application would be frivolous and vexatious, and the Application has no reasonable prospects of success.[1]

• [9] That enlivens my discretion, under section 587 of the Fair Work Act, to dismiss the Application. I exercise that discretion.

• [10] Mr Purches' application under section 394 of the Fair Work Act is dismissed.

[1] Australian Postal Corporation v Gorman [2011] FCA 975; (2011) 196 FCR 126 at [33].

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