Enforcing agreements - General protections dismissal

If you and your employer settle the case, you can record this in a written settlement agreement. This agreement may be called a 'Settlement Contract' or 'Deed of Release'.

You should read the settlement agreement carefully. Do not sign the agreement unless you understand and agree to it. Once you sign the agreement you will be bound by it.

If your employer does not follow the terms of your agreement, the steps you can take will depend on whether the agreement has been signed or not.

​You should not file a Notice of Discontinuance (a form that ends your case) with Fair Work Commission (the Commission) or the Federal Circuit and Family Court of Australia until your employer has done what they agreed to do in the settlement agreement (for example, paid you compensation).

You and your employer have both signed the agreement

If you and your employer have both signed the agreement, it is a contract.

If your employer doesn't follow the terms of the signed agreement, it is possible to enforce it. You will need to start a case in another court asking for an order that the employer follow the terms of the agreement. You may also ask for any costs you need to pay to take action in the court (like legal fees or filing fees).

The Fair Work Commission or the Federal Circuit and Family Court of Australia do not enforce the agreement. You should get legal advice about the steps you can take to enforce the agreement.

 If your employer doesn't follow the agreement you should take steps to enforce it as soon as possible. The time limit for making a claim for settlement money you are owed is six years.

 You are usually bound by any agreement that you have signed. If you make an agreement and later try to go back on it, your employer may be able to claim any costs that they have to pay to enforce the agreement.

One or both of you have NOT signed the agreement

If you and/or your employer did not sign the settlement agreement, it may be possible to have your case re-listed before the Fair Work Commission or the Federal Circuit and Family Court of Australia. Your case would then be treated in the same way as any other case that did not settle.

To re-list your case, you can call the Commission or the Court and explain what has happened. You should also get legal advice about the steps you may be able to take.

For answers to commonly asked questions, see After the case - Frequently Asked Questions.