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This is a text only version of what a deed of release used after conciliation could look like in an unfair dismissal application at the Fair Work Commission (the Commission).
This deed refers to Fair Work Australia. On 1 January 2013 Fair Work Australia's name was changed to the Fair Work Commission. You should make sure that your deed of release relates to the circumstances of your case.
For an example of what a deed of release could look like, see
Sample deed of release.
This Settlement Agreement and Deed of Release is made on 18 August 2012.BetweenThis states in detail who the agreement is between.Umberto D'Avanzo of 58 Sample Street, Parramatta, NSW, 2050 (the Applicant)andLeft Right Out Industries Pty Ltd, CAN 100 999 999 (the Respondent)(the Parties).Background
This section includes a brief description of the circumstances of the dispute and why the agreement has been made.
Terms of Settlement
This section includes the details of the agreement, including:
This section has the details of any payments of money that have been agreed.3.1 The Respondent will pay to the Applicant the amount of $3000 gross, taxed as an employment termination payment, in addition to any other monies previously paid to the Applicant by the Respondent.3.2 The dollar amount specified in these terms of settlement will be paid by the Respondent within seven (7) days of the Applicant and the Respondent signing these terms of settlement.3.3 The dollar amount specified in these terms of settlement will be paid by the Respondent by electronic funds transfer into the Applicant's nominated financial accountStatement of Service
This section states that the employer will give the employee a statement with details of their employment, and when it has to be given by.3.4 The Respondent will within seven (7) days of the Applicant and the Respondent signing these terms of settlement, provide the Applicant with a statement of their service with the Respondent, outlining the period of service of the Applicant with the Respondent, the Applicant's position with the Respondent and the Applicant's duties for the Respondent.Release
This section states that both the employer and the employee agree that as a result of this Deed they no longer have a right to sue each other for anything related to the employee's employment, except forcertain rights in law and rights to unpaid wages and entitlements. For example, the employee can't sign this and then sue the employer for discrimination.3.5 On the Respondent complying with clauses 3.1 to 3.4 above, the Applicant releases and forever discharges and releases the Respondent, its directors, employees, assignees or successors from any liability past, present or future from allclaims, suits, demands, actions or proceedings arising out of or connected with the Applicant's employment with the Respondent, including but not limited to the cessation of the employment.3.5.1 The release in subclause 3.5 does not prevent the Applicant from directly or indirectly pursuing claims, suits, demands, actions or proceedings in relation to the payment of wages and/or entitlements arising under statute, an industrial instrument or common law.3.6 The Respondent releases and forever discharges and releases the Applicant from any liability past, present or future from all claims, suits, demands, actions or proceedings arising out of or connected with the Applicant's employment with the Respondent, including but not limited to the cessation of the employment.3.7 Nothing in these terms of settlement affects any claims, suits, demands, actions or proceedings the Applicant has or may have under statute, an industrial instrument, or common law for a work- related injury, illness, disease or death, or under superannuation legislation.Costs
This section explains who will pay for each party's legal costs.3.8 Each party must pay its own legal costs of and incidental to the ApplicationConfidentiality
This section explains that the agreement is to remain confidential. Neither party can disclose what was agreed to anyone else, except to their lawyer or financial advisor, or if required by law.3.9 The Applicant and the Respondent will keep the provisions of these terms of settlement confidential, provided that the Applicant and the Respondent may disclose the provisions to their legal or financial advisers or any other person that by law must be informed of the provisions.Non Disparagement
This section states that the employer and employee can't say bad things about the other.3.10 Neither the Applicant nor the Respondent will disparage or denigrate the other.Counterparts
This section simply states that each party can sign a separate, but identical, copy of the agreement.Once both are signed they can be exchanged and the day they are exchanged is the date the agreement is made.3.11 These Terms of Settlement may be executed in counterparts,meaning that the execution will be complete when each party holds a copy of this Terms of Settlement signed by the other party, even though the signatures of both parties do not appear on the same copy.Governing Law
This section states which State or Territory (jurisdiction) a claim can be made in if the agreement is breached.3.12 This Agreement is governed by the laws of New South Wales and each party agrees to submit to the jurisdiction of the Courts of New South Wales.The section below is where the parties sign the agreement. If a party is an individual, their signature has to be witnessed, and the witness must include their name and address. If a party is a company (corporation) directors and/or a company secretary can sign on behalf of the company, and their signatures don't always have to be witnessed.Signed, sealed and delivered byUmberto D'Avanzo_____________________________Umberto D'Avanzoin the presence ofMargarita Honduras_____________________________Margarita HondurasWitness Name: Margarita HondurasWitness Address: 12 Exit Street Westville NSWandExecuted as a deed by Left Right Out Industries Pty Ltd under section 127(1) of the Corporations Act 2001 (Cth) by being signed by Robert Tobleronson who is its sole director and sole company secretary.Rob Tobleronson_____________________________Robert Tobleronson