Brendan Mcewan v The Allen Richard Jones Family Trust

[2014] FWC 8537

[2014] FWC 8537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365—General protections

Brendan Mcewan
v
The Allen Richard Jones Family Trust
(C2014/7512)

COMMISSIONER RYAN MELBOURNE, 27 NOVEMBER 2014

Application to deal with contraventions involving dismissal - representation..

[1] This decision concerns applications by the Applicant and the Respondent for permission to be represented by a lawyer (counsel) pursuant to s.596 of the Fair Work Act 2009 (FW Act).

[2] Section 596 of the FW Act provides for representation by lawyers as follows:

“Representation by lawyers and paid agents

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

(2) FWA may grant permission for a person to be represented by a lawyer or paid agent in a matter before FWA 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] Having considered the submissions of both parties in this matter, I am satisfied that it would be unfair not to allow parties to be represented because the parties are unable to represent themselves effectively.

[4] I therefore grant permission for the Applicant and the Respondent to be represented by a lawyer pursuant to s.596(2)(b).

COMMISSIONER

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