Alderton v Fraser Coast Regional Council - [2019] QIRC 58

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	Alderton v Fraser Coast Regional Council [2019] QIRC 058
PARTIES:	Alderton, Sally (Applicant) v Fraser Coast Regional Council (Respondent)
CASE NO:	TD/2018/40
PROCEEDING:	Application in an existing proceeding regarding legal representation
DELIVERED ON:	17 April 2019
HEARING DATES:	5 April 2019 16 April 2019
MEMBER: HEARD AT:	Thompson IC Brisbane
ORDER:	Leave for the Respondent to be legally represented is granted
CATCHWORDS:	INDUSTRIAL LAW – Legal Representation - Leave granted
LEGISLATION:	Industrial Relations Act 2016, s 530
CASES:	Wanninayake v State of Queensland (Department of Natural Resources and Mines) [2014] QIRC 079 Le Pierres v Herzfeld Pty Ltd [2000] 163 QGIG 124
APPEARANCES:	Ms S. Alderton, Applicant Mr D. Chen of NB Lawyers for the Respondent

Reasons for Decision

Background

In respect of matters relating to legal representation that come before the Commission, the relevant legislation to be applied is s 530 of the Industrial Relations Act 2016 (the Act) which states:

(1) A party to proceedings, or person ordered or permitted to appear or to be represented in the proceedings, may be represented by a lawyer only if -
…
(d)for other proceedings before the commission, other than the full bench -
(i)all parties consent; or
(ii)for a proceeding relating to a matter under a relevant provision—the commission gives leave

…
(4) An industrial tribunal may give leave under subsection (1) only if -
(a)it would enable the proceedings to be dealt with more efficiently, having regard to the complexity of the matter; or
(b)it would be unfair not to allow the party or person to be represented because the party or person is unable to represent itself, himself or herself; or
(c)it would be unfair not to allow the party or person to be represented having regard to fairness between the party or person, and other parties or persons in the proceedings.
Examples of when it may be unfair not to allow a party or person to be represented by a lawyer -
•a party is a small business and has no specialist human resources staff, while the other party is represented by an officer or employee of an industrial association or another person with experience in industrial relations advocacy
•a person is from a non-English speaking background or has difficulty reading or writing

…

At a mention held on 5 April 2018 the Fraser Coast Regional Council (respondent) sought leave pursuant to s 530(4) of the Act to be legally represented in the substantive application.
The respondent relied upon the following grounds:
·having legal representation would enable the Commission to deal with the proceedings in a more efficient manner;
·there would be a large amount of complex material before the proceedings; and
·the respondent had persons in their employ capable of adequately representing the employer in the proceedings:
- Rachel Paton (Paton) Employee Relations Manager; and
- Caitlin Noble (Noble) Senior Employee Relations Advisor.
However, as both Paton and Noble were to be called as material witnesses in the proceedings, the respondent…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Alderton v Fraser Coast Regional Council

Details

AGLC: Alderton v Fraser Coast Regional Council [2019] QIRC 58
Case: [2019] QIRC 58
Decision Date: 17 April 2019

CaseChat Overview and Summary

The case of Alderton v Fraser Coast Regional Council was heard in the Queensland Industrial Relations Commission. The primary dispute arose between the applicant, Alderton, and the respondent, Fraser Coast Regional Council. The applicant sought to challenge a decision made by the respondent, which pertained to employment-related matters. The central issue was whether the respondent should be granted leave to be legally represented in the proceedings. This decision was pivotal as it determined the procedural rights of the respondent in the case.

The legal issues before the court involved the interpretation of relevant industrial relations legislation and case law regarding the right to legal representation in such disputes. Specifically, the court needed to consider whether the respondent's need for legal representation aligned with the statutory provisions and precedents governing employment disputes. The applicant argued against the respondent's request for legal representation, contending that it would unduly complicate the proceedings and potentially prejudice the applicant.

The court deliberated on the principles of fairness and access to justice, recognising the importance of ensuring that all parties have a reasonable opportunity to present their case. The court acknowledged that the respondent, as a public entity, had significant interests at stake in the dispute. After examining the relevant legal framework and the potential impact on the proceedings, the court concluded that granting the respondent leave to be legally represented would not unfairly prejudice the applicant and was necessary to ensure a fair process. Consequently, the court granted the respondent's application for leave to be legally represented.

Orders

Orders of the court

Leave for the Respondent to be legally represented is granted

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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