Mr Stephen Ball v Thomas Foods International Murray Bridge Pty Ltd

[2018] FWC 2046

[2018] FWC 2046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 526 - Application to deal with a dispute involving stand down

Mr Stephen Ball
v
Thomas Foods International Murray Bridge Pty Ltd
(C2018/914)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 10 APRIL 2018

Application to deal with a dispute involving stand down

[1] This matter is an application by Mr Ball under section 526 of the Fair Work Act 2009 to deal with a stand-down dispute.

[2] I conducted a conference of the parties on 20 March 2018 at which time the matter did not resolve.

[3] Following the conference, I issued directions on 20 March 2018 at which time I listed the matter for hearing and determination on 13 April 2018.

[4] I conducted a further directions hearing on 4 April 2018 following which I issued Further Directions.

[5] The directions I issued on 20 March 2018 required the Applicant (Mr Ball) and the Respondent (Thomas Foods International Pty Ltd) 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 13 April 2018.

[6] The Commission received submissions from the Respondent employer by letter from their representatives dated 27 March 2018 seeking such permission under section 596 of the FW Act.

[7] Mr Ball does not seek permission.

[8] By email communication dated 9 April 2018 Mr Ball does not object to the employer being granted permission.

[9] I have considered these submissions and the relevant provisions of the FW Act.

[10] The hearing on 13 April 2018 concerns a stand-down dispute. On the material before me it involves mixed questions of fact and law. The issues of law referenced by both Mr Ball and by Thomas Foods involve matters that potentially involve some complexity including vicarious liability, contractual rights and obligations, interpretation of statutory stand-down provisions and the interpretation of relevant enterprise agreements.

[11] While the employer has a limited human resources capacity, those capacities have been stretched following the fire at its Murray Bridge facility on 3 January 2018, which is (in part) the subject of these proceedings.

[12] I further note that in the course of dealing with the dispute, at various stages both Mr Ball and Thomas Foods have sought assistance from legal representatives.

[13] Taking these factors into account, as well as Mr Ball’s consent, I accept that the conduct of this matter is likely to be more efficient if the employer is legally represented at the hearing. In so deciding, I am conscious of the need to ensure that Mr Ball is not disadvantaged despite his consent to this course. In proceedings before me, to date, Mr Ball has had the assistance of a family member. I will grant permission on the basis that Mr Ball and his lay representative be provided an appropriate level of guidance by the Commission, consistent with my independent statutory role, to ensure that their case is adequately presented and that they are able to respond to the contentions of the employer. I reserve my right to review my decision to grant permission at any stage of proceedings should I consider it necessary to do so.

[14] I grant permission to Thomas Foods under section 596 of the FW Act.

DEPUTY PRESIDENT

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