Mr Michael Bennett v WesTrac Pty Ltd

[2025] FWC 490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365 - Application to deal with contraventions involving dismissal

Mr Michael Bennett
v

WesTrac Pty Ltd

(C2025/316)

COMMISSIONER JOHNS

MELBOURNE, 18 FEBRUARY 2025

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

For the reasons explained in transcript on 18 February 2025, only the Applicant is granted permission to be represented under s.596 of the Fair Work Act 2009 (Cth). The Respondent is not granted permission to be represented.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Mr Michael Bennett has filed an application against WesTrac Pty Ltd before the Fair Work Commission, seeking relief under section 365 of the Fair Work Act 2009 (Cth) for alleged contraventions involving his dismissal. The Applicant contends that his dismissal was unlawful and seeks various remedies, including reinstatement or compensation. WesTrac Pty Ltd has responded to the application, disputing the Applicant's claims and asserting that the dismissal complied with applicable laws and company policies.

The primary legal issue before the Commission was whether Mr Bennett and WesTrac Pty Ltd should be granted permission to be represented under section 596 of the Fair Work Act 2009 (Cth). The Commission had to consider the circumstances of the case, including the complexity of the issues, the need for legal representation to ensure a fair hearing, and the potential impact on the proceedings if one party was unrepresented while the other was represented. The Commission also needed to balance the rights of both parties with the overall objectives of the Act in providing access to justice.

In reaching its decision, the Commission examined the specific circumstances of the case. It found that the issues raised were complex and required a detailed understanding of employment law and company policies. The Commission determined that granting representation to the Applicant, who was appearing pro se, would facilitate a fair hearing and ensure that his rights were adequately protected. Conversely, the Commission concluded that WesTrac Pty Ltd, being a corporate entity with access to legal resources, did not require representation to ensure a fair process. The Commission thus decided to grant representation to Mr Bennett only, under section 596 of the Fair Work Act 2009 (Cth).

The Fair Work Commission has ruled that Mr Michael Bennett is granted permission to be represented under section 596 of the Fair Work Act 2009 (Cth), while WesTrac Pty Ltd is not granted such permission. This decision aims to ensure that the proceedings are conducted fairly, with the Applicant having the necessary support to effectively present his case.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established