Benjamin Falconer v Fire and Rescue NSW [2020] NSWIRComm 1053

Industrial Relations Commission New South Wales Medium Neutral Citation: Benjamin Falconer v Fire and Rescue NSW [2020] NSWIRComm 1053 Hearing dates: 28 May 2020 Date of orders: 14 August 2020 Decision date: 14 August 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Proceedings permanently stayed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – unfair dismissal claim – settlement reached before arbitration – whether the settlement was a binding agreement – whether there were grounds to find the applicant should not be bound Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: Cohen v Morgans [2019] NSWSC 1634 Dr Payne v The University of Sydney & Anor [2000] NSWIRComm 102 Masters v Cameron (1954) 91 CLR 353 Category: Principal judgment Parties: Benjamin Falconer (Applicant in the substantive proceedings, Respondent to the Notice of Motion)

Fire and Rescue NSW (Respondent in the substantive proceedings, Applicant in the Notice of Motion) Representation: Mr Holland for the Respondent (Applicant in the Notice of Motion)

Ms Polites for the Applicant (Respondent in the Notice of Motion) File Number(s): 2019/366532 Publication restriction: Nil

Judgment 1. In these proceedings, Fire and Rescue NSW (the Respondent) has filed a Notice of Motion to dismiss or permanently stay unfair dismissal proceedings brought by Mr Benjamin Falconer (the Applicant), formerly employed as a part-time Retained Firefighter and Deputy Captain at Wyong Fire Station.