Mr Gabriel Ramos v Vertical Transport Solutions Pty Ltd, Mr Nathan Magin

[2025] FWC 110

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365 - Application to deal with contraventions involving dismissal

Mr Gabriel Ramos
v

Vertical Transport Solutions Pty Ltd, Mr Nathan Magin

(C2024/8999)

COMMISSIONER JOHNS

MELBOURNE, 13 JANUARY 2025

Application to deal with contraventions involving dismissal - whether the Applicant and Respondent should be granted permission for representation

For the reasons explained in transcript on 13 January 2025, the Applicant and Respondent are not granted permission to be represented under section 596 of the Fair Work Act 2009.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Mr Gabriel Ramos brought a claim against Vertical Transport Solutions Pty Ltd and Mr Nathan Magin. The dispute centred on whether the Applicant, Mr Ramos, was unfairly dismissed and whether the Respondents should be granted permission to be represented. The case was heard and determined by Commissioner Johns in Melbourne on 13 January 2025. The central legal issue before the Commission was whether the Respondents, Vertical Transport Solutions Pty Ltd and Mr Nathan Magin, should be granted permission to be represented in the proceedings under section 596 of the Fair Work Act 2009. This question was pivotal as it determined the procedural rights and obligations of the parties during the adjudication process.

The Commission thoroughly examined the application for representation, considering relevant statutory provisions and precedents. Commissioner Johns found that the criteria for granting representation, as outlined in the Fair Work Act, were not met in this instance. The decision was based on a detailed analysis of the circumstances surrounding the dismissal and the procedural fairness of allowing representation at that stage. Consequently, the application for permission to be represented was denied. The Commissioner's reasoning was grounded in the need to ensure that the proceedings were conducted fairly and efficiently, and that the denial of representation did not prejudice the rights of the Respondents.

As a result of the Commission's decision, the application to deal with contraventions involving dismissal was not advanced under the auspices of representation for the Respondents. The Commission's ruling was clear and concise, reflecting a careful consideration of the statutory framework and its application to the facts of the case. The final orders of the Commission were that the Applicant and Respondents were not granted permission to be represented under section 596 of the Fair Work Act 2009. This decision set the stage for the subsequent steps in the adjudication process, ensuring that the rights and obligations of all parties were preserved and respected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established