Benchmark WA Industrial Relations Case Database

Consent orders

procedural BOTH consent_orders branch: procedure

Synthesis · 830 tagged cases

830 tagged decisions (270 as primary). Of primary decisions, the most common outcome is '(unspecified)' (78, 29%).

Outcome distribution

Outcomen%
Resolved (unspecified) 78 29%
For applicant granted 50 19%
Against applicant dismissed 46 17%
Resolved other 29 11%
Resolved settled 20 7%
Resolved adjourned 12 4%
Resolved partial 11 4%
For applicant order_issued 6 2%
For applicant direction_issued 4 1%
Resolved consent_orders 3 1%
Against applicant dismissed_jurisdiction 3 1%
For applicant consent order issued 2 1%
Resolved discontinued 1 0%
Resolved appeal discontinued by consent 1 0%
Resolved consent order 1 0%
Resolved order 1 0%
Against applicant consent order revoked; application dismissed 1 0%
For applicant extension of time granted 1 0%

By jurisdiction

Courtn
Single Commissioner (WAIRC)517
Fair Work Commission206
Public Service Appeal Board (former)37
Full Bench (WAIRC)27
Commission in Court Session (WAIRC)10
Fair Work Commission (Full Bench)9
Fair Work Australia (former)5
Federal Court of Australia5
Industrial Magistrates Court4
Industrial Appeal Court4
Australian Industrial Relations Commission (former)2
NSWIRComm1
Fair Work Australia (Full Bench, former)1
WA Court of Appeal1
High Court of Australia1

Key articulated principles · 12

para 20 — from [2004] HCA 52 High Court
Absent misrepresentation or fraud or some other special circumstances, a person will be bound by a document the person signs.
para 8 — from [2011] FCA 975 Federal Court
An accord and satisfaction extinguishes the existing cause of action and replaces it with a new cause of action based on the agreement; a valid accord and satisfaction is not a discretionary factor relevant to subsequent litigation of the original claim but is an answer to the claim.
para 3 — from [2011] FCA 975 Federal Court
An accord and satisfaction extinguishes a cause of action and replaces it with a new one based on the agreement.
para 16 — from [2011] FCA 975 Federal Court
A valid and effective accord and satisfaction extinguishes the pre-existing cause of action and continued pursuit of an application based on such cause of action is clearly capable of being considered to be frivolous or vexatious or without reasonable prospects of success.
para 39 — from [2011] FCA 975 Federal Court
An accord and satisfaction extinguishes the existing cause of action and replaces it with a new cause of action based on the agreement. A valid accord and satisfaction is not a discretionary factor in subsequent litigation; it is an answer to the claim.
para 41 — from [2011] FCA 975 Federal Court
A valid accord and satisfaction extinguishes the existing cause of action and replaces it with a new cause of action based on the agreement. An accord and satisfaction is not a discretionary factor but is a complete answer to the claim.
para 21 — from [1954] HCA 72 High Court
Where parties have reached agreement on contractual terms and also agree that the matter shall be dealt with by formal contract, the case may belong to one of three classes depending on whether parties intend finality (but with formal restatement), conditional performance on formal execution, or no concluded bargain unless formal contract executed.
para 26 — from [1954] HCA 72 High Court
Where parties have been in negotiation and reach agreement upon terms of a contractual nature while also agreeing that the matter shall be dealt with by a formal contract, the case may belong to one of three categories: (1) parties have reached finality in all terms and intend immediate binding, with formality to follow; (2) parties completely agree on all terms but make performance conditional on execution of formal document; or (3) parties do not intend a concluded bargain unless formal contract is executed.
para 29 — from [2012] FWAFB 8021 FWAFB
The approach in Zoiti-Licastro regarding the formation of binding settlement agreements was endorsed by the Full Bench.
para 41 — from [2013] FWC 7080 FWC
A valid accord and satisfaction extinguishes the pre-existing cause of action and replaces it with a new cause of action based on the agreement. Continued pursuit of an application based on the extinguished cause of action is frivolous or vexatious or without reasonable prospect of success.
para 43 — from [2013] FWC 7080 FWC
An allegation of breach of a settlement agreement does not enliven an extinguished cause of action for unfair dismissal. A breach of settlement agreement gives rise to a separate cause of action for damages based on breach of contract, which cannot be pursued as a continuation of the unfair dismissal remedy application.
para 45 — from [2014] FWC 7854 FWC
When parties reach agreement on terms of a contractual nature in conciliation, the agreement may fall into three categories under Masters v Cameron: (1) parties have agreed on all terms and intend to be immediately bound but propose formal restatement in fuller or more precise form; (2) parties have agreed on all terms with no departure intended but made performance conditional on execution of formal document; or (3) parties do not intend a concluded bargain unless and until formal contract is executed. In the first two categories, a binding contract is formed.

Leading cases · by citation count

CitationCourtRoleCited
[2011] FWA 5458 FWA (former) primary 25
[2013] FWC 7080 FWC primary 10
[2014] FWC 7854 FWC primary 4
[2023] WAIRC 660 PSAB (former) primary 2
[2015] WAIRC 442 WAIRC — Single Commissioner primary 2
[2015] WAIRC 436 WAIRC — Single Commissioner primary 2
[2015] WAIRC 390 WAIRC — Single Commissioner primary 2
[2012] FWA 3973 FWA (former) primary 2

All tagged cases · 200

CitationCourtRoleDateOutcomeCited
[2011] FWA 5458 FWA (former) primary 2011-08-23 Against applicant 25
[2013] FWC 7080 FWC primary 2013-09-17 Against applicant 10
[2014] FWC 7854 FWC primary 2014-11-06 Against applicant 4
[2023] WAIRC 660 PSAB (former) primary 2023-08-08 Against applicant 2
[2015] WAIRC 442 WAIRC — Single Commissioner primary 2015-06-16 Resolved 2
[2015] WAIRC 436 WAIRC — Single Commissioner primary 2015-06-11 Resolved 2
[2015] WAIRC 390 WAIRC — Single Commissioner primary 2015-05-19 Resolved 2
[2012] FWA 3973 FWA (former) primary 2012-05-09 Against applicant 2
[2006] AIRC 45 AIRC (former) primary 2006-01-25 Against applicant 2
[2025] WAIRC 00012 WAIRC — Single Commissioner primary 2025-01-07 For applicant 1
[2024] FCA 1027 Federal Court primary 2024-09-05 Against applicant 1
[2024] WAIRC 780 WAIRC — Single Commissioner primary 2024-08-23 Resolved 1
[2024] WAIRC 767 PSAB (former) primary 2024-08-14 Resolved 1
[2024] WAIRC 756 WAIRC — Single Commissioner primary 2024-08-09 Resolved 1
[2024] WAIRC 344 WAIRC — Single Commissioner primary 2024-06-13 Resolved 1
[2024] FCA 1368 Federal Court primary 2024-01-01 For applicant 1
[2023] WAIRC 767 WAIRC — Single Commissioner primary 2023-09-19 For applicant 1
[2023] WAIRC 224 WAIRC — Single Commissioner primary 2023-04-20 Against applicant 1
[2023] WAIRC 18 WAIRC — Single Commissioner primary 2023-01-10 Resolved 1
[2019] WAIRC 262 WAIRC — Single Commissioner primary 2019-05-30 Against applicant 1
[2019] WAIRC 212 WAIRC — Single Commissioner primary 2019-05-10 Resolved 1
[2018] FWC 6978 FWC primary 2018-11-26 Against applicant 1
[2018] WAIRC 739 WAIRC — Single Commissioner primary 2018-09-12 For applicant 1
[2018] WAIRC 89 WAIRC — Full Bench primary 2018-02-09 Resolved 1
[2017] WAIRC 83 WAIRC — Single Commissioner primary 2017-02-17 For applicant 1
[2016] WAIRC 366 WAIRC — Single Commissioner primary 2016-06-20 For applicant 1
[2016] FWC 1222 FWC primary 2016-01-01 Resolved 1
[2016] FWC 1946 FWC primary 2016-01-01 Resolved 1
[2016] FWC 3323 FWC primary 2016-01-01 Resolved 1
[2016] FWC 3850 FWC primary 2016-01-01 Resolved 1
[2016] FWC 4436 FWC primary 2016-01-01 Against applicant 1
[2016] FWC 4479 FWC primary 2016-01-01 Resolved 1
[2015] WAIRC 957 WAIRC — Single Commissioner primary 2015-10-23 For applicant 1
[2015] FWC 39 FWC primary 2015-01-01 Against applicant 1
[2015] FWC 104 FWC primary 2015-01-01 Resolved 1
[2015] FWC 1220 FWC primary 2015-01-01 For applicant 1
[2015] FWC 1090 FWC primary 2015-01-01 Against applicant 1
[2013] WAIRC 310 WAIRC — Full Bench primary 2013-05-24 For applicant 1
[2013] FWC 293 FWC primary 2013-01-01 Resolved 1
[2013] FWC 656 FWC primary 2013-01-01 Against applicant 1
[2011] FCA 854 Federal Court primary 2011-01-01 Resolved 1
[2026] WAIRC 00161 WAIRC — Single Commissioner primary 2026-04-21 Resolved 0
2026 WAIRC 00167 WAIRC — Single Commissioner primary 2026-03-23 Against applicant 0
[2025] WAIRC 00864 WAIRC — Single Commissioner primary 2026-02-26 Resolved 0
[2026] WAIRC 00058 WAIRC — Single Commissioner primary 2026-02-02 Resolved 0
[2026] WAIRC 00012 WAIRC — Single Commissioner primary 2026-01-13 For applicant 0
[2026] FWC 271 FWC primary 2026-01-01 Against applicant 0
[2026] FWC 712 FWC primary 2026-01-01 For applicant 0
[2026] FWC 758 FWC primary 2026-01-01 Against applicant 0
[2026] FWC 1170 FWC primary 2026-01-01 Against applicant 0
[2026] FWC 1544 FWC primary 2026-01-01 Against applicant 0
[2026] FWCFB 15 FWC — Full Bench primary 2026-01-01 Against applicant 0
[2026] FWC 37 FWC primary 2026-01-01 0
[2026] FWC 39 FWC primary 2026-01-01 0
[2025] WAIRC 01017 WAIRC — Single Commissioner primary 2025-12-22 Against applicant 0
[2025] WAIRC 01006 WAIRC — Single Commissioner primary 2025-12-19 For applicant 0
[2025] WAIRC 00999 WAIRC — Single Commissioner primary 2025-12-19 For applicant 0
[2025] WAIRC 01007 WAIRC — Single Commissioner primary 2025-12-19 For applicant 0
[2025] WAIRC 01004 WAIRC — Single Commissioner primary 2025-12-19 For applicant 0
[2025] WAIRC 01001 WAIRC — Single Commissioner primary 2025-12-19 Resolved 0
[2025] WAIRC 01002 WAIRC — Single Commissioner primary 2025-12-19 For applicant 0
[2025] WAIRC 00983 WAIRC — Single Commissioner primary 2025-12-11 Against applicant 0
[2025] WAIRC 00899 WAIRC — Single Commissioner primary 2025-10-31 Resolved 0
[2025] FWC 2346 FWC primary 2025-10-20 Against applicant 0
[2025] WAIRC 00844 WAIRC — Single Commissioner primary 2025-10-09 Resolved 0
[2025] WAIRC 00441 WAIRC — Single Commissioner primary 2025-07-25 Resolved 0
2025 WAIRC 00423 Industrial Magistrates Court primary 2025-07-18 Resolved 0
[2025] WAIRC 00371 WAIRC — Single Commissioner primary 2025-06-19 For applicant 0
[2025] WAIRC 00313 WAIRC — Single Commissioner primary 2025-05-21 Resolved 0
[2025] WAIRC 00219 WAIRC — Single Commissioner primary 2025-04-07 For applicant 0
[2025] NSWIRComm 1009 NSWIRComm primary 2025-03-21 0
[2025] WAIRC 00089 WAIRC — Single Commissioner primary 2025-02-14 Resolved 0
[2025] WAIRC 00071 WAIRC — Single Commissioner primary 2025-02-11 For applicant 0
[2025] WAIRC 00053 WAIRC — Court Session primary 2025-02-05 Resolved 0
[2025] FWC 174 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 697 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 540 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 722 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 875 FWC primary 2025-01-01 Resolved 0
[2025] FWC 1023 FWC primary 2025-01-01 Resolved 0
[2025] FWC 1358 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 1369 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 1495 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 1472 FWC primary 2025-01-01 Resolved 0
[2025] FWC 1579 FWC primary 2025-01-01 Resolved 0
[2025] FWC 1952 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 2580 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 2527 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 2579 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 2807 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 2909 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 2986 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 3427 FWC primary 2025-01-01 Against applicant 0
[2024] WAIRC 1024 Industrial Appeal Court primary 2024-12-10 Resolved 0
[2024] WAIRC 971 WAIRC — Single Commissioner primary 2024-11-12 Resolved 0
[2024] WAIRC 849 WAIRC — Single Commissioner primary 2024-09-26 Resolved 0
[2024] WAIRC 839 WAIRC — Single Commissioner primary 2024-09-24 Against applicant 0
[2024] WAIRC 770 WAIRC — Single Commissioner primary 2024-08-15 Resolved 0
[2024] WAIRC 754 WAIRC — Single Commissioner primary 2024-08-08 For applicant 0
[2024] WAIRC 474 WAIRC — Single Commissioner primary 2024-07-16 For applicant 0
[2024] WAIRC 268 WAIRC — Single Commissioner primary 2024-06-04 Resolved 0
[2024] WAIRC 178 WAIRC — Single Commissioner primary 2024-04-22 Resolved 0
[2024] WAIRC 156 WAIRC — Single Commissioner primary 2024-04-12 Resolved 0
[2024] WAIRC 118 WAIRC — Single Commissioner primary 2024-03-20 Resolved 0
[2024] FWC 1833 FWC primary 2024-01-01 0
[2024] FWC 1948 FWC primary 2024-01-01 0
[2024] FWC 3197 FWC primary 2024-01-01 0
[2024] FWC 3202 FWC primary 2024-01-01 0
[2024] FWC 3318 FWC primary 2024-01-01 0
[2023] WAIRC 844 WAIRC — Single Commissioner primary 2023-10-19 Resolved 0
[2023] WAIRC 827 WAIRC — Single Commissioner primary 2023-10-19 Resolved 0
[2023] WAIRC 813 WAIRC — Single Commissioner primary 2023-10-13 Resolved 0
[2023] WAIRC 771 WAIRC — Single Commissioner primary 2023-09-21 For applicant 0
[2023] WAIRC 759 WAIRC — Single Commissioner primary 2023-09-18 For applicant 0
[2023] WAIRC 760 WAIRC — Single Commissioner primary 2023-09-18 For applicant 0
[2023] WAIRC 755 WAIRC — Single Commissioner primary 2023-09-13 Resolved 0
[2023] WAIRC 751 WAIRC — Single Commissioner primary 2023-09-13 For applicant 0
[2023] WAIRC 752 WAIRC — Single Commissioner primary 2023-09-13 For applicant 0
[2023] WAIRC 744 WAIRC — Single Commissioner primary 2023-09-11 For applicant 0
[2023] WAIRC 714 WAIRC — Single Commissioner primary 2023-08-18 Resolved 0
[2023] WAIRC 220 WAIRC — Single Commissioner primary 2023-04-20 For applicant 0
[2023] WAIRC 218 WAIRC — Single Commissioner primary 2023-04-18 Against applicant 0
[2023] WAIRC 197 WAIRC — Single Commissioner primary 2023-04-13 For applicant 0
[2023] WAIRC 167 WAIRC — Single Commissioner primary 2023-03-28 For applicant 0
[2023] WAIRC 142 WAIRC — Single Commissioner primary 2023-03-14 Resolved 0
[2023] WAIRC 79 WAIRC — Single Commissioner primary 2023-02-14 Resolved 0
[2023] WAIRC 33 WAIRC — Single Commissioner primary 2023-01-16 Resolved 0
[2023] FWC 2183 FWC primary 2023-01-01 0
[2023] FWC 3154 FWC primary 2023-01-01 0
[2022] WAIRC 881 WAIRC — Single Commissioner primary 2022-12-23 For applicant 0
[2022] WAIRC 834 WAIRC — Single Commissioner primary 2022-12-07 For applicant 0
[2022] WAIRC 781 WAIRC — Single Commissioner primary 2022-11-09 For applicant 0
[2022] WAIRC 752 WAIRC — Single Commissioner primary 2022-10-27 For applicant 0
[2022] WAIRC 706 WAIRC — Single Commissioner primary 2022-10-07 Resolved 0
[2022] WAIRC 228 WAIRC — Single Commissioner primary 2022-05-27 Resolved 0
[2022] WAIRC 33 PSAB (former) primary 2022-01-31 Resolved 0
[2022] FWC 108 FWC primary 2022-01-01 0
[2021] WAIRC 602 PSAB (former) primary 2021-11-30 Against applicant 0
[2021] WAIRC 517 WAIRC — Single Commissioner primary 2021-09-24 For applicant 0
[2021] WAIRC 498 WAIRC — Single Commissioner primary 2021-09-13 For applicant 0
[2021] WAIRC 494 PSAB (former) primary 2021-09-10 Resolved 0
[2021] WAIRC 485 WAIRC — Single Commissioner primary 2021-08-30 Resolved 0
FWC primary 2021-05-18 0
[2021] WAIRC 83 WAIRC — Single Commissioner primary 2021-03-23 Resolved 0
[2021] FCA 1324 Federal Court primary 2021-01-01 For applicant 0
[2021] FWC 14 FWC primary 2021-01-01 Against applicant 0
[2020] FWCFB 6541 FWC — Full Bench primary 2020-12-16 0
[2020] WAIRC 947 WAIRC — Single Commissioner primary 2020-12-03 For applicant 0
[2020] WAIRC 748 WAIRC — Single Commissioner primary 2020-08-26 Resolved 0
[2020] WAIRC 734 WAIRC — Single Commissioner primary 2020-08-20 Resolved 0
[2020] WAIRC 395 WAIRC — Single Commissioner primary 2020-07-03 For applicant 0
[2020] WAIRC 346 PSAB (former) primary 2020-06-18 Resolved 0
[2020] WAIRC 194 WAIRC — Single Commissioner primary 2020-04-06 Resolved 0
[2020] WAIRC 191 WAIRC — Single Commissioner primary 2020-04-02 Resolved 0
[2020] WAIRC 110 WAIRC — Single Commissioner primary 2020-02-18 For applicant 0
(2020) 100 WAIG WAIRC — Single Commissioner primary 2020-02-18 0
[2020] FWC 2452 FWC primary 2020-01-01 0
[2019] WAIRC 879 WAIRC — Single Commissioner primary 2019-12-18 For applicant 0
(2020) 100 WAIG WAIRC — Single Commissioner primary 2019-12-18 0
[2019] WAIRC 642 WAIRC — Single Commissioner primary 2019-08-19 Resolved 0
[2019] WAIRC 111 WAIRC — Single Commissioner primary 2019-03-06 Resolved 0
[2019] WAIRC 91 WAIRC — Single Commissioner primary 2019-02-26 Resolved 0
[2019] WAIRC 81 WAIRC — Single Commissioner primary 2019-02-20 For applicant 0
[2019] WAIRC 78 WAIRC — Single Commissioner primary 2019-02-20 For applicant 0
[2019] WAIRC 27 WAIRC — Single Commissioner primary 2019-02-05 For applicant 0
[2018] WAIRC 852 WAIRC — Single Commissioner primary 2018-11-15 For applicant 0
[2018] WAIRC 838 WAIRC — Full Bench primary 2018-11-09 Resolved 0
[2018] WAIRC 807 WAIRC — Single Commissioner primary 2018-10-17 Against applicant 0
[2018] WAIRC 814 WAIRC — Single Commissioner primary 2018-10-17 Resolved 0
[2018] WAIRC 696 WAIRC — Single Commissioner primary 2018-08-21 For applicant 0
(2020) 100 WAIG WAIRC — Single Commissioner primary 2018-08-21 0
(2019) 99 WAIG WAIRC — Single Commissioner primary 2018-06-20 0
[2018] WAIRC 261 WAIRC — Single Commissioner primary 2018-04-19 Resolved 0
[2017] WAIRC 1004 WAIRC — Single Commissioner primary 2017-12-13 Resolved 0
[2017] FWCFB 5073 FWC — Full Bench primary 2017-10-10 0
[2017] WAIRC 763 WAIRC — Single Commissioner primary 2017-08-28 Resolved 0
[2017] WAIRC 732 WAIRC — Single Commissioner primary 2017-08-15 For applicant 0
(2017) 97 WAIG WAIRC — Single Commissioner primary 2017-08-15 0
(2017) 97 WAIG WAIRC — Single Commissioner primary 2017-02-17 0
[2017] WAIRC 80 WAIRC — Single Commissioner primary 2017-02-16 Resolved 0
[2017] FWCFB 4562 FWC — Full Bench primary 2017-01-01 For applicant 0
[2017] FWC 196 FWC primary 2017-01-01 Against applicant 0
[2017] FWC 874 FWC primary 2017-01-01 Resolved 0
[2017] FWC 1762 FWC primary 2017-01-01 0
[2017] FWC 3172 FWC primary 2017-01-01 0
[2016] WAIRC 893 WAIRC — Single Commissioner primary 2016-11-25 For applicant 0
(2017) 97 WAIG 2015 WAIRC — Single Commissioner primary 2016-11-25 0
[2016] WAIRC 387 WAIRC — Single Commissioner primary 2016-06-27 Resolved 0
[2016] WAIRC 286 WAIRC — Single Commissioner primary 2016-05-06 For applicant 0
[2016] FWC 3472 FWC primary 2016-05-04 Against applicant 0
[2016] WAIRC 223 WAIRC — Single Commissioner primary 2016-04-18 For applicant 0
[2016] WAIRC 215 WAIRC — Single Commissioner primary 2016-04-14 Resolved 0
[2016] WAIRC 212 WAIRC — Single Commissioner primary 2016-04-13 For applicant 0
[2016] FWC 1858 FWC primary 2016-01-01 Against applicant 0
[2015] WAIRC 1121 WAIRC — Single Commissioner primary 2015-12-23 For applicant 0
[2015] WAIRC 1018 WAIRC — Single Commissioner primary 2015-11-17 For applicant 0
[2015] WAIRC 1010 WAIRC — Single Commissioner primary 2015-11-12 Resolved 0
[2015] WAIRC 993 WAIRC — Single Commissioner primary 2015-11-09 For applicant 0
[2015] FWCFB 6323 FWC — Full Bench primary 2015-10-16 0
[2015] WAIRC 861 WAIRC — Single Commissioner primary 2015-09-04 For applicant 0