Mr Christopher Haywood v The Trustee for the Musolino Family Trust T/A Portobello Food Kitchen Bar

[2013] FWC 5276

[2013] FWC 5276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Mr Christopher Haywood
v
The Trustee for The Musolino Family Trust T/A Portobello Food Kitchen Bar
(U2013/1525)

COMMISSIONER STEEL ADELAIDE, 1 AUGUST 2013

Representation.

[1] In directions issued on 27 June 2013 the Commission directed the parties to provide written submissions in regard to the matter of representation of the respondent by Mr Adrian Potter on the basis of the applicant’s objection to such.

[2] The respondent provided a document from Mr Potter dated 5 July 2013 and the applicant’s representative provided a letter dated 12 July 2013 from Mr David Gray, Assistant Branch Secretary of United Voice. Mr Potter further replied to Mr Gray’s letter in a document dated 17 July 2013.

[3] Neither party contends that Mr Potter is a lawyer for the purposes of a consideration pursuant to s.596 of the Fair Work Act 2009 (the Act).

[4] United Voice contends that Mr Potter is a paid agent. Mr Potter contends that he is not a paid agent, but a contractor working part-time with the respondent and his financial arrangements will not alter as a result of the intended representation.

[5] Giving regard to all of the available material supplied by the parties and the requirements of s.596 (2) (a)-(c) of the Act, the Commission has decided to allow Mr Potter to represent the respondent in this matter on the basis of s.596 (2) (c) relating to fairness between the parties in the same matter.

COMMISSIONER

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