Mr Daniel Fasolo v Baker Hughes Services Australia Pty Ltd

Case [2025] FWC 478


[2025] FWC 478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365 - Application to deal with contraventions involving dismissal

Mr Daniel Fasolo
v

Baker Hughes Services Australia Pty Ltd

(C2025/191)

COMMISSIONER JOHNS

MELBOURNE, 17 FEBRUARY 2025

Application to deal with contraventions involving dismissal - whether the Applicant should be granted permission to be represented

  1. For the reasons explained in transcript on 17 February 2025, the Applicant is granted permission to be represented under s.596 of the Fair Work Act 2009 (Cth).


COMMISSIONER

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Details
AGLC
Mr Daniel Fasolo v Baker Hughes Services Australia Pty Ltd [2025] FWC 478
Case
[2025] FWC 478
Decision Date

CaseChat Overview and Summary

Mr Daniel Fasolo has applied to the Fair Work Commission to seek relief in relation to an alleged contravention involving his dismissal by Baker Hughes Services Australia Pty Ltd. The primary issue before the Commission was whether the applicant should be granted permission to be represented under section 596 of the Fair Work Act 2009 (Cth). The application arose out of a dismissal dispute where Mr Fasolo argued that he was dismissed without just cause or reason.

The legal issue before the Commission was whether the applicant had demonstrated sufficient grounds to be granted permission to be represented. The Commission needed to consider the circumstances of the case, including the complexity of the issues, the ability of the applicant to represent himself, and the potential impact on the fairness of the proceedings if representation was granted. The Commission also considered the provisions of section 596 of the Fair Work Act, which sets out the criteria for granting permission to be represented.

In its decision, the Commission found that the applicant had demonstrated sufficient grounds for being granted permission to be represented. The Commission noted that the issues involved were complex and that the applicant would benefit from legal representation. The Commission also considered that granting permission to be represented would not unfairly prejudice the respondent and would ensure that the proceedings were conducted fairly and efficiently. Accordingly, the Commission granted the applicant permission to be represented.

The final order of the Commission was that Mr Fasolo is granted permission to be represented under section 596 of the Fair Work Act 2009 (Cth). This decision allows the applicant to engage a legal representative to assist him in the proceedings before the Commission.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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