Juy Hepner v Fine Food Solutionz Pty Ltd

[2013] FWC 1523

[2013] FWC 1523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.604—Appeal of decision

Juy Hepner
v
Fine Food Solutionz Pty Ltd
(C2013/2819)

VICE PRESIDENT WATSON SYDNEY, 11 MARCH 2013

Preliminary matters - representation of parties - Fair Work Act 2009, s.596.

[1] This decision concerns an application by counsel to appear in the forthcoming appeal hearing. Following indications from Mr Hepner that he would object to the respondent being represented at the hearing, Directions were issued requiring written submissions from the parties regarding permission to appear.

[2] The appellant intends to appear on his own behalf. Mr Minehan of counsel and Shaw McDonald Lawyers sought permission to appear on behalf of the respondent. The respondent was represented in the original proceedings before Commissioner McKenna.

[3] I have considered the submissions of the parties regarding the application under s.596 of the Fair Work Act 2009 by counsel for Fine Food Solutionz Pty Ltd for permission to represent the company in the forthcoming appeal proceedings.

[4] Given the complexity of this matter I consider that the matter is likely to be dealt with more efficiently if legal representation is permitted. Both parties may be represented if they choose to do so.

[5] Insofar as the submissions of the parties raise other issues regarding the authority of Mr Catalano to represent the company and conflict of interest, I am not satisfied that a case to deny representation nominated by Mr Catalano has been made out. This is a preliminary view only for the purposes of considering the application for representation at the hearing. In the appeal parties are free to raise any matter relating to the decision under appeal and the grounds of appeal for consideration by the Full Bench.

VICE PRESIDENT WATSON

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