Construction, Forestry, Mining and Energy Union v Core Toughened Pty Ltd

[2016] FWC 5292

[2016] FWC 5292

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.739—Dispute resolution

Construction, Forestry, Mining and Energy Union
v
Core Toughened Pty Ltd
(C2016/1514)

COMMISSIONER RYAN MELBOURNE, 2 AUGUST 2016

Alleged dispute about underpayment of overtime – representation granted.

[1] The respondent has sought to be legally represented in the hearing listed for 10 August 2016. The Applicant does not oppose the Respondent being granted permission to be legally represented.

[2] The Respondent relies upon each of the grounds in s.596(2) of the Act:

“596 Representation by lawyers and paid agents

(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.

Note: Circumstances in which the FWC might grant permission for a person to be represented by a lawyer or paid agent include the following:

(a) where a person is from a non English speaking background or has difficulty reading or writing;

(b) where a small business is a party to a matter 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 workplace relations advocacy.”

[3] To the extent that the Respondent relies on s.596(2)(b) the Commission is satisfied on the material before the Commission that the Respondent is unable to represent itself effectively at the hearing.

[4] Permission is granted to the Respondent pursuant to s.596(2)(b) to be represented by a lawyer or paid agent.

COMMISSIONER

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