TERMINATION OF EMPLOYMENT – application to dismiss by employer – deed of settlement – s.394 Fair Work Act 2009 – applicant employed from 6 August 2007 and summarily dismissed on 15 July 2016 – respondent purports binding settlement agreement made during member assisted conference on 6 February 2017 – settlement of $18,000 gross to be paid to applicant, termination would be treated as resignation, applicant would be provided with a statement of service and application would be discontinued – applicant disputes agreement was reached – applicant representative considered agreement had been reached and ceased acting for applicant from 8 February 2017 – issue with whether applicant instructed representatives for purported settlement amount and whether representatives made offers to respondent per applicant’s instructions – ss.399A, 587 FW Act considered – Commission cannot be satisfied that a settlement agreement has been concluded – cannot be satisfied steps have been taken to give effect to promissory terms of the agreement – legislative test under s.339A(1)(c) not met – Commission satisfied applicant’s representative received instructions to make an offer of $18,000 – satisfied applicant did not inform her representatives that she was without capacity to provide instructions – not satisfied settlement agreement was concluded and declined to dismiss application pursuant to s.399A(1)(c) – satisfied no deviation from principles in Thomas v Symbion Health – satisfied application to dismiss has no reasonable prospects of success because parties have entered into a settlement agreement – in accordance with agreement, payment of $18,000 gross less relevant taxation to applicant within 7 days – application to dismiss application for unfair dismissal dismissed. Gill v Rio Tinto Aluminium Limited t/a Rio Tinto Weipa
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