An overview of legal procedure & case law
See Fair Work Act 2009 s.588
An applicant may discontinue the application in accordance with the procedural rules, whether the matter has settled or not.[1]
There are two ways to discontinue a matter before the Fair Work Commission.
A signed Form F50 – Notice of discontinuance, can be lodged with the Commission to discontinue the application. A copy of the signed Notice of discontinuance must then be served on the respondent.
The Member dealing with the application may dispense with the requirement to lodge a Notice of discontinuance and accept discontinuance orally or by some other means.[2]
All forms are available on the Forms page of the Commission’s website.