Queensland v Together Queensland (No. 1)

In the case of Queensland v Together Queensland, the Queensland Industrial Relations Commission was called upon to decide whether the applicant, Together Queensland, could be legally represented by a lawyer during the proceedings. The matter was heard by a Full Bench of the Commission. The legal issues that the court had to address included whether a single member of the Full Bench had the authority to grant leave for legal representation when such leave was opposed, and whether the discretion to grant leave should have been exercised in this instance.

The court found that the decision to grant leave for legal representation should indeed have been made by the Full Bench, rather than a single member, due to the complexity of the issues at hand. The court also determined that the Full Bench should exercise its discretion to grant the declaration sought by Together Queensland. The court was of the view that the applicant would benefit from the assistance of legal representation in terms of presenting relevant arguments and authorities, responding to submissions, and addressing any questions from the bench. Furthermore, the court acknowledged the potential for inherent unfairness in the current statutory provision, which restricts legal representation while allowing for representation by highly skilled advocates or legally trained officers of registered organizations.

The court ultimately affirmed the order of 14 December 2017, granting leave for the applicant to be legally represented during the proceedings.