Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Downer EDI Engineering Power Pty Ltd

[2017] FWC 6281

[2017] FWC 6281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.236—Majority support determination

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Downer EDI Engineering Power Pty Ltd
(B2017/842)

COMMISSIONER WILLIAMS PERTH, 30 NOVEMBER 2017

Representation.

[1] Downer EDI Engineering Power Pty Ltd (the Respondent) has requested pursuant to s.596 of the Fair Work Act 2009 (the Act) that they be granted permission to be represented by a lawyer in the above matter.

[2] Section 596 (2) of the Act provides that the Commission can only exercise the discretion to give permission for a person to be represented by a lawyer or paid agent where:

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

•  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

•  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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) was invited to provide its view on the request and advised it did not oppose the Respondent being legal represented.

[4] In this matter I accept there a number of legal arguments by the Respondent and there will be some cross examination of the Applicant’s witnesses related to these which means the matter will be somewhat complex.

[5] Separately the Applicant is an organisation well equipped to and experienced in advocacy before this Commission and as a result it would be unfair not to allow the Respondent to be represented by a lawyer.

[6] For these reasons having considered the provisions of s. 596 (2) of the Act in the context of this particular application and the circumstances of both parties I have decided to grant permission for the Respondent to be represented by a lawyer.

COMMISSIONER

Final written submissions:

Respondent, 24 November 2017.

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