QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Isermann v Professional Property Inspections Pty Ltd & Anor [2025] QIRC 063 |
PARTIES: | Isermann, Debra v Professional Property Inspections Pty Ltd & Hancock, Karen & Hancock, Noel |
CASE NO: | AD/2023/141 |
PROCEEDING: | Application in existing proceedings |
DELIVERED ON: | 3 March 2025 |
HEARING DATE: | 24 February 2025 |
MEMBER: | Power IC |
| HEARD AT: | Brisbane |
ORDER: | 1. The application is existing proceedings is granted. 2. The substantive claim in AD/2023/141 is dismissed. |
| CATCHWORDS: | INDUSTRIAL LAW – APPLICATION IN EXISTING PROCEEDINGS – APPLICATION TO DISMISS – where Respondent made settlement offer to Complainant at conciliation conference – where Complainant considered offer over four days – where Complainant advised that offer was accepted – whether final agreement reached following acceptance of offer – where settlement precludes continuation of claim. |
LEGISLATION: | Anti-Discrimination Act 1991 (Qld), s 174C, s 189 Industrial Relations Act 2016 (Qld), s 451 |
| CASES: | Australian Postal Corporation v Gorman [2011] FCA 975 Masters v Cameron (1954) 91 CLR 353 Mouketo v State of Queensland (Metro South Hospital and Health Service) [2016] ICQ 025 Zoiti-Licastro v Australian Taxation Office (2006) 154 IR 1 |
Reasons for Decision
The Respondents filed an Application in existing proceedings on 16 October 2024 seeking to have the Complainant's substantive claim dismissed on the grounds that a settlement had been made between the parties.
The Complainant filed the following submissions in summary –
· The offer was accepted before the Complainant had signed an agreement.
· An email was sent to the Commission from Daniel Catanzaro regarding CCTV footage which provided an inconsistent explanation as to how the different version of the footage came to be.
· The CCTV footage should have been provided in full to the parties.
· The Complainant did not sign the agreement emailed to her and notified the Respondents and the Commission on 3 September 2024 that she had changed her mind due to new evidence and not agreeing to the terms in the deed of release.
· On 12 September 2024, some 9 days later, the Third Respondent deposited $500 in the Complainant's bank account.
The Respondents filed the following submissions in summary –
· At the Conciliation Conference on 15 August 2024 the Respondent made an offer to settle the matter.
· The Applicant requested that she be given 4 days to consider the offer, other options, and to discuss the matter with outside parties.
· On 19 August 2024, 4 days following the Conference, the Applicant emailed the Commission and stated that she agreed to the offer made at conciliation to finalise the matter and bank account details were provided.
· On 3 September 2024, the Commission sent the Applicant an email confirming her acceptance.
· The Complainant's submissions for this application state that she agreed to take the offer.
Consideration
The question to be determined in this Application is whether an agreement had been reached between the parties to resolve the complaint. There is no dispute as to the relevant…
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- Case
- [2025] QIRC 63
- Decision Date
CaseChat Overview and Summary
The legal issue before the FWC was to determine whether a final agreement was reached following the acceptance of the settlement offer. The Complainant, after considering the offer for four days, indicated acceptance, but the Respondent argued that this acceptance did not lead to a final agreement, hence, the Complainant’s application should not be dismissed. The core legal issue was whether the acceptance of the settlement offer resulted in a final agreement that precluded the continuation of the substantive claim.
The FWC reasoned that upon the Complainant’s acceptance of the settlement offer, a binding agreement was formed. This agreement was final and concluded the dispute between the parties, thereby precluding the continuation of the substantive claim. The FWC found that the Complainant’s acceptance of the settlement offer was unequivocal and final, thus, the application to dismiss the existing proceedings was warranted.
The final orders of the FWC were that the application to dismiss the existing proceedings was granted, and the substantive claim in AD/2023/141 was dismissed. This decision effectively concluded the legal dispute between the parties, with the settlement offer being upheld as a binding agreement.
Orders
Orders of the court
1. The application is existing proceedings is granted.
2. The substantive claim in AD/2023/141 is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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