AFC Group Pty Ltd

[2013] FWC 8285

[2013] FWC 8285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AFC Group Pty Ltd
(AG2013/10863)

COMMISSIONER RYAN MELBOURNE, 22 OCTOBER 2013

Application for approval of the AFC Group Enterprise Agreement 2013 - request for permission for Applicant to be represented.

[1] An application has been made for approval of an enterprise agreement known as the AFC Group Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by AFC Group Pty Ltd (the applicant).

[2] This matter has been listed for Hearing on 24 October 2013.

[3] I issued directions to the applicant to file written submissions as to why legal representation is required at the hearing on 24 October 2013.

[4] Mason Sier Turnbull, for the applicant, filed correspondence pursuant to those directions on 21 October 2013, which contained the following submission:

“It is submitted that granting permission for me to appear on behalf of AFC Group would enable the matter to be dealt with more efficiently, in circumstances where the relevant concerns held by the Commission:

(a) require understanding as to how the “BOOT” applies during the transition to modern awards (ending 30 June 2014);

(b) require particular technical knowledge of the specific provisions of Part 2-4 of the Act.”

[5] I am not satisfied that either of the two matters raised by Mason Sier Turnbull is sufficient to justify a grant of permission for the applicant to be represented by a solicitor or paid agent.

COMMISSIONER

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