1 Fair Work Act 2009 s.394—Unfair dismissal Peter Lombardi v Anglo Italian Concrete (U2018/1401) COMMISSIONER MCKINNON MELBOURNE, 19 APRIL 2018 Application for an unfair dismissal remedy - application dismissed. [1] On 13 February 2018, Mr Peter Lombardi applied for a remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act). [2] The matter was listed for telephone conciliation on 7 March 2018. Mr Lombardi did not attend the conciliation and attempts by the Commission to contact him were unsuccessful. [3] Anglo Italian Concrete (the Respondent) subsequently advised the Commission that the matter was resolved between the parties on 5 March 2018. On 9 April it applied to the Commission for dismissal of the application under section 399A of the Act. [4] On 15 March 2018, directions were issued for the filing of material. The Applicant did not comply with the directions. The matter proceeded to a non-compliance hearing on 13 April 2018. [5] Further attempts to contact Mr Lombardi after the conciliation were unsuccessful. [6] On 13 April 2018, the Respondent provided the Commission with correspondence evidencing an exchange of documents between the parties in accordance with a settlement of the unfair dismissal application. [7] Under section 399A(1)(c) of the Act, the Commission may dismiss an unfair dismissal application if it is satisfied that the applicant has unreasonably failed to discontinue the application after a settlement agreement has been concluded. [8] I am satisfied that a settlement agreement was reached between the parties and that the Applicant unreasonably failed to discontinue the application after that time. [2018] FWC 2252 DECISION [2018] FWC 2252 2 [9] Mr Lombardi’s application under section 394 of the Act is dismissed. COMMISSIONER Printed by authority of the Commonwealth Government Printer <PR602146>