Enforcing agreements - general protections dismissal

Signed agreement

If you and your employer have both signed the agreement, it is a contract.

If your employer doesn't follow the terms of the signed agreement, it is possible to enforce it. You will need to start a case in another court asking for an order that the employer follow the terms of the agreement. You may also ask for any costs you need to pay to take action in the court (like legal fees or filing fees).

The Fair Work Commission or the Federal Circuit and Family Court of Australia do not enforce the agreement. You should get legal advice about the steps you can take to enforce the agreement.

 If your employer doesn't follow the agreement you should take steps to enforce it as soon as possible. The time limit for making a claim for settlement money you are owed is six years. 

You are usually bound by any agreement that you have signed. If you make an agreement and later try to go back on it, your employer may be able to claim any costs that they have to pay to enforce the agreement.

Unsigned agreement

If you and/or your employer did not sign the settlement agreement, it may be possible to have your case re-listed before the Fair Work Commission or the Federal Circuit and Family Court of Australia. Your case would then be treated in the same way as any other case that did not settle.

To re-list your case, you can call the Commission or the Court and explain what has happened. You should also get legal advice about the steps you may be able to take.