TERMINATION OF EMPLOYMENT – application to dismiss by employer – deed of settlement – ss.394, 587 Fair Work Act 2009 – application for relief from unfair dismissal – parties at conciliation given extension on ‘consideration time’ for settlement – both representatives advised the Commission settlement agreement had been reached – correspondence was not sent directly to either applicant or respondent – applicant subsequently requested matter to be determined at hearing – applicant communicated to representative that representation was no longer required – applicant representative cease representation – Commission sought submissions from parties – both parties’ filed submissions addressing if settlement had been reached – applicant’s evidence illustrated the representative acted without proper instructions, applicant did not wish to accept the offer and applicant would not sign the terms of settlement – respondent submitted parties intended to conclude the agreement, record the terms and applicant’s application should be dismissed – Masters v Cameron applied – Commission found ‘consideration time’ precluded a conclusion that an agreement was reached at conciliation – Commission favoured applicant’s evidence – satisfied applicant did not agree to elements of the proposed terms of settlement and did not accept the offer – Commission not satisfied parties reached agreement – unable to conclude there were binding terms of settlement – Commission declined to dismiss application – further directions to be issued – merits to be heard and determined. Newchurch v Tangentyere Council Aboriginal Corporation
