Lisa Cowell v Clinical Laboratories (WA) Pty Ltd

[2024] FWC 675

[2024] FWC 675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Lisa Cowell
v

Clinical Laboratories (WA) Pty Ltd

(U2023/13214)

DEPUTY PRESIDENT CLANCY MELBOURNE, 15 MARCH 2024

Application for an unfair dismissal remedy.

1. On 29 December 2023, Ms Lisa Cowell made an application to the Commission for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act). The Respondent to Ms Cowell’s remedy for unfair dismissal application is Clinical Laboratories (WA) Pty Ltd (the Respondent).

1. A conciliation conference was conducted before a staff conciliator of the Commission on 1 February 2024. Dr BK Tan and Mr Marcus Beh were in attendance for the Respondent. The Commission’s records indicate that a settlement was reached at this conciliation, and correspondence to this effect, as well as a draft Terms of Settlement were sent to Ms Cowell and Dr Tan.

1. On 6 February 2024, Mr Beh sent correspondence to the Commission requesting that the matter progress to Hearing. The matter was subsequently referred to me for consideration.

1. On 16 February 2024, I conducted a Mention for the matter. Dr Tan and Mr Beh were in attendance for the Respondent. Ms Cowell, Dr Tan and Mr Beh confirmed on record that a binding settlement agreement had been reached at the conciliation conference on 1 February 2024. During this Mention, I expressed the view that the Commission’s file would remain closed on the basis that the settlement agreement has extinguished Ms Cowell’s unfair dismissal application.

1. On 19 February 2023, I directed that correspondence be sent to the parties. This correspondence advised that I considered it appropriate to dismiss the matter under s.587(1)(c) of the Act on the basis that the application has no reasonable prospects of success. Parties were invited to note any objections to a dismissal on this basis by no later than Monday, 26 February 2024. No further correspondence, and no objections, have been received from the parties.

1. Section 587(1) of the Act provides as follows:

   587 Dismissing applications
   (1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

   (a) the application is not made in accordance with this Act; or

   (b) the application is frivolous or vexatious; or

   (c) the application has no reasonable prospects of success.

1. It is not contested that a binding settlement agreement was reached at the conciliation conference. A settlement agreement extinguishes an unfair dismissal application (and a new cause of action arises out of the agreement reached).[1] On this basis, this application has no reasonable prospects of success and is therefore dismissed under s.587(1)(c) of the Act. An Order[2] dismissing the application for a remedy for unfair dismissal will be issued with this Decision.

DEPUTY PRESIDENT

[1] See Australian Postal Corporation v Gorman [2011] FCA 975 at [31].

[2] PR772370.

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