Paula Taylor

[2019] FWC 8303

[2019] FWC 8303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.789FC - Application for an order to stop bullying

Paula Taylor
(AB2018/558)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 6 DECEMBER 2019

Anti-bullying application – application to vary or supplement orders – representation – section 596 Fair Work Act 2009 – fairness – permission granted on conditions

[1] This decision concerns a request by Mrs Hoad, a co-director of the Respondent employer, dated 4 December 2019 for permission to be represented by a legal practitioner in further proceedings on matter AB2018/558. Those further proceedings are in the nature of an application by Mrs Hoad for variation of orders made by me on 21 March 2019. 1

[2] Written submissions on representation were filed by Mrs Hoad’s intended representative Mr Earls of Fair Work Lawyers on 4 December 2019.

[3] The applicant to the primary anti-bullying proceedings is Mrs Taylor. On 4 December 2019 by email Mrs Taylor advised that she did not object to Mrs Hoad being represented in circumstances where Mr Hoad had been granted permission to be represented, despite herself not being legally represented.

[4] The background to this matter is set out in my decision of 29 November 2019 2 in which I granted Mr Hoad permission to be represented, on certain conditions.

[5] I am satisfied that section 596(2)(c) of the Fair Work Act 2009 is made out by Mrs Hoad. It is in the interests of fairness between the parties (at least between Mr and Mrs Hoad) that Mrs Hoad be granted permission to be represented.

[6] For reasons similar to those set out in my decision of 29 November 2019, I also consider that legal representation may minimise the degree of emotion in proceedings and enable the factual and legal issues arising to be efficiently conducted in an orderly manner.

[7] I do not consider it appropriate to provide permission to Mrs Hoad’s representative on any broader basis than I have to Mr Hoad’s representative. As noted in my decision of 29 November I will not limit representation to submissions exclusively on legal questions but I repeat that should representatives not contribute to the fair or efficient conduct of proceedings I have the power to withdraw or qualify the grant of permission.

[8] I also indicate that at the hearing I will provide guidance, as appropriate, to Mrs Taylor given that she remains a self-represented party to proceedings.

DEPUTY PRESIDENT

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 1   PR705994

 2   [2019] FWC 8101