“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Wesco Aircraft Holdings Inc

[2015] FWC 2795

[2015] FWC 2795

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.739—Dispute resolution

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Wesco Aircraft Holdings Inc
(C2015/742)

COMMISSIONER RYAN MELBOURNE, 23 APRIL 2015

Application to deal with a dispute - representation.

[1] On April 2015 Wesco Aircraft Holdings Inc (the Respondent) applied through its solicitor to be legally represented pursuant to s.596(2) of the Fair Work Act 2009 (the Act).

[2] Section 596of the Act provides:

"(1) Except as provided by subsection (3) or the procedural rules, a person may be represented in a matter before the FWC (including by making an application or submission to the FWC on behalf of the person) by a lawyer or paid agent only with the permission of the FWC.

(2) The FWC may grant permission for a person to be represented by a lawyer or paid agent in a matter before the FWC only if:

(a) it would enable the matter to be dealt with more efficiently, taking into account the complexity of the matter; or

(b) it would be unfair not to allow the person to be represented because the person is unable to represent himself, herself or itself effectively; or

(c) it would be unfair not to allow the person to be represented taking into account fairness between the person and other persons in the same matter."

[3] In support of permission to be legally represented under s.596(2)(a) of the Act, the Respondent submitted that legal representation would enable the matter to be dealt with more efficiently, having regard to the complexity of the matter in dispute between the parties.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) does not object to the grant of permission.

[5] I am satisfied that there is a level of complexity in this matter and therefore grant permission for the Respondent to be represented by a lawyer pursuant to s.596(2)(a).

COMMISSIONER

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