TERMINATION OF EMPLOYMENT – application to dismiss by employer – deed of settlement – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appellant sought permission to appeal decision and order of Commission at first instance – application for unfair dismissal remedy – Commission dismissed appellant’s application on basis no reasonable prospects of success because settlement agreement reached between appellant and respondent – settlement agreement between parties determined to be kind described as ‘second class’ identified by the High Court – parties completely agreed on all terms of bargain and intended no departure from terms whether express or implied but had made performance of one or more terms conditional upon the execution of formal document [Masters v Cameron] – appellant contended did not settle application at conciliation – asserted email sent to Commission staff stating misunderstood terms and conditions of cooling off period which parties agreed to waive – replied to respondent’s correspondence attaching settlement agreement that was discussing matter with case manager – mattered remained in abeyance from March until August 2015 when appellant sought to have unfair dismissal matter listed for hearing – Full Bench found appellant failed to established error on part of Commission at first instance – open to Commission to find matter had been settled by agreement reached at conciliation – Commission correctly applied established approach determining whether agreement to settle matter and type of agreement reach – appeal found not to raise any issues of important and general application concerning determination of if, and when, settlement agreement reached [GlaxoSmithKline] – not satisfied public interest enlivened [Coal & Allied] – permission to appeal refused. Appeal by Ropciuc against decision and order of Wilson C of 4 May 2016 [[2016] FWC 1858], [PR579977] Re: Australian Red Cross
