TERMINATION OF EMPLOYMENT – application to dismiss by employer – deed of settlement – ss.394, 399A Fair Work Act 2009 – application to dismiss unfair dismissal application – respondent submitted that agreement and final settlement to resolve application had already been reached between the parties after a Member Assisted Conciliation had been conducted – Masters v Cameron considered and applied to factual findings – Commission found objective intention was to make a binding agreement to settle unfair dismissal matter – ancillary terms were to be confirmed later in written document – found binding settlement agreement existed – employer undertook to pay agreed amount contingent upon Commission’s finding – settlement amount of $8,000 now due and payable to applicant – application dismissed. Badcock v N & HM Cooper Motor Search (SA) and Anor
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