Mr Andrew Collins v Bendigo Health Care Group

[2018] FWC 1620

[2018] FWC 1620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

Section 394 - Application for unfair dismissal remedy

Mr Andrew Collins

v

Bendigo Health Care Group

(U2017/13707)

Deputy President Anderson ADELAIDE, 19 MARCH 2018

Application for an unfair dismissal remedy

1. On 2 February 2018 I issued directions requiring the Applicant and the Respondent to provide written submissions to the Fair Work Commission (the Commission) should either seek permission to be represented by a legal practitioner or paid agent at the hearing of this matter on 29 March 2018.

1. The Commission has received submissions from both the Applicant and the Respondent seeking such permission under section 596 of the Fair Work Act 2009 (FW Act).

1. Neither the Applicant nor the Respondent oppose permission being granted to the other side.

1. I have considered these submissions and the relevant provisions of the FW Act.

1. The hearing on 29 March 2018 concerns a threshold question: whether the Applicant is a person protected from unfair dismissal. In particular, it concerns whether the Applicant, having been employed on remuneration above the high income threshold was nonetheless a person to whom an enterprise agreement applied in relation to his former employment (section 382(b)(ii) FW Act). The enterprise agreement is said to be the Victorian Public Health Sector (Health and Allied Services, Managers and Administrative Workers) Single Interest Enterprise Agreement 2016-2020.

1. I accept that the determination of this matter involves a question concerning the scope of the Agreement and mixed questions of law and fact. It is likely to involve some complexity. Taking this into account, I am satisfied that permission for the Applicant and the Respondent to be represented by a legal practitioner or paid agent would enable the matter to be dealt with more efficiently (section 596(2)(a) FW Act).

1. I grant permission.

1. Should this matter proceed beyond the determination of this threshold question, applications for permission will need to be renewed.

DEPUTY PRESIDENT

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