Enforcing agreements - Unfair dismissal
If you and your employer settle the case, you can record this in a written settlement agreement.
the Fair Work Commission (the Commission) may have provided you and the employer with a settlement agreement document to fill out, or you and the employer may have written your own settlement agreement. This agreement may also be called a 'Settlement Contract', 'Terms of Agreement', 'Terms of Settlement' 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 with
the Commission (a form that closes your case) 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.
The Commission does 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 in court for settlement money you are owed is 6 years.
You are 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 incur 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, you may be able to have your case re-listed before
the Commission. Your case would then be treated in the same way as any other case that did not settle at conciliation.
To re-list your case you can call or email
the Commission and explain what has happened. T
he Commission may then list your case for hearing. If you have any questions about re-listing your matter, you should contact the
Fair Work Commission.