Act means the Fair Work Act 2009
applicant means a person or organisation who has made an application to the Commission
Commission or FWC means the Fair Work Commission
conference means a proceeding in relation to a matter before the Commission that is generally held in private (unless otherwise directed by the Commission) and is less formal than a hearing. Conferences are sometimes referred to as ‘conciliation’ or ‘mediation’
hearing means a proceeding before the Commission to allow the parties to present their evidence and submissions in relation to a matter
lawyer means a person who is admitted to the legal profession by a Supreme Court of a State or Territory. This includes barristers and solicitors, but does not include people who are legally trained but not admitted to the legal profession
matter means a proceeding before the Commission
Member means a Member of the Commission, such as the President, a Vice President, a Deputy President or a Commissioner
paid agent in relation to a matter before the Commission means an agent (other than a bargaining representative) who charges or receives a fee to represent a person in the matter. This includes industrial relations advocates and consultants
party means an applicant, respondent or another person or organisation involved in a matter before the Commission
respondent means a person or organisation responding to an application
Rules means the Fair Work Commission Rules 2013
Serving a document means giving a copy of a document to a person or organisation. A document can be served in a number of ways, including by email, fax, express or registered post, or in person. Parts 7 and 8 of the Rules deal with service.
596 Representation by lawyers and paid agents
Note: Circumstances in which the FWC might grant permission for a person to be represented by a lawyer or paid agent include the following:
that is representing the person; or
that is representing the person; or
11 Notice – lawyer or paid agent acting, or ceasing to act, for person in relation to matters before Commission
Note 1: A person may want to lodge a notice under this subrule (and serve the notice in accordance with rule 41) so that:
Note 2: A notice must be in the approved form–see subrule 8(2).
the person must lodge a notice with the Commission advising that the lawyer or paid agent has ceased to act for the person in relation to the matter.
Note: A notice must be in the approved form–see subrule 8(2).
12 Representation by lawyers and paid agents
Note: See subsection 596(4) of the Act for when a person is taken not to be represented by a lawyer or paid agent for the purposes of that section.
12A Notice–proposed representation in a conference or hearing
the person must lodge a notice with the Commission informing the Commission that the person will seek the Commission’s permission for a lawyer or paid agent to participate in the conference or hearing.
Note 1: The notice must be in the approved form—see subrule 8(2).
Note 2: See subsection 596(4) of the Act for when a person is taken not to be represented by a lawyer or paid agent for the purposes of that section.
[1] For example, by inserting the lawyer or paid agent’s details into the section on representation in the Form F2–Unfair dismissal application or the Form F3–Employer response to unfair dismissal application.
[2] See the service requirements for the Form F53 and other matter forms in Schedule 1 to the Rules.
[3] See the service requirements for the Form F54 in Schedule 1 to the Rules.
[4] For Commission decisions that consider the nature of representation, see for example Fitzgerald v Woolworths Limited [2017] FWCFB 2797 at [34]-[35], [52]-[53]; Kolobius v Uniting Church in Australia Property Trust (Q) [2018] FWCFB 1057 at [36]; Rodl v Qantas Airways Limited [2018] FWCFB 6693 at [65].
[5] See Fitzgerald v Woolworths Limited [2017] FWCFB 2797; Kolobius v Uniting Church in Australia Property Trust (Q) [2018] FWCFB 1057.
[6] See paragraph 9 above.
[7] See paragraphs 26–30 above.
[8] See the service requirements for the Form F53 in Schedule 1 to the Rules.
[9] Unless the Commission directs otherwise, permission is not required for a lawyer or paid agent to participate in a conference conducted by a staff conciliator in relation to an unfair dismissal application or an anti-bullying application (see paragraph 30 above). Permission is required for a lawyer or paid agent to participate in a conference conducted by a staff conciliator in relation to a general protections dismissal dispute (an application under s.365 of the Act), and will usually be decided on the basis of oral submissions made at the start of the conference.
[10] See paragraphs 32–33 above.
[11] Section 596(2) of the Act.
[12] See NSW Bar Association v McAuliffe [2014] FWCFB 1663 at [25]; Grabovsky v United Protestant Association of NSW Limited [2018] FWCFB 4362 at [36]; Budd v Australian Federal Police [2018] FWCFB 6948 at [3].
[13] See the Note to s.596(2) of the Act.
[14] See NSW Bar Association v McAuliffe [2014] FWCFB 1663 at [24]; Fitzgerald v Woolworths Limited [2017] FWCFB 2797 at [32]; Grabovsky v United Protestant Association of NSW Limited [2018] FWCFB 4362 at [38]. However, see further NSW Bar Association v McAuliffe [2014] FWCFB 1663 at [25].