Sarah Arblaster v Bureau of Meteorology

[2014] FWC 2184

[2014] FWC 2184

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365—General protections

Sarah Arblaster
v
Bureau of Meteorology
(C2014/3516)

COMMISSIONER RYAN MELBOURNE, 2 APRIL 2014

Application to deal with contraventions involving dismissal - permission for representation.

[1] Applications have been made by both the Applicant and the Respondent that each be granted permission to be legally represented at the conference to be held in this matter.

[2] The legal representatives of each of the Applicant and the Respondent have contended that one ground for granting permission for their respective client to be legally represented is because of the complexity of the matter (s.596(2)(a)).

[3] In a conference convened under s.368 of the Fair Work Act2009 (the Act) the Commission is not required to make findings of fact nor is it required to determine the issue in dispute. Thus while an application under s.365 of the Act may have a degree of complexity attached to it the level of complexity will only become apparent if the matter is not resolved through the conference and the parties proceed to Court or to arbitration before the Commission. The possible complexity of the matter does not give rise to a need for any party to be represented before the Commission at the conference.

[4] The second ground raised by the legal representatives for each of the Applicant and the Respondent is that “it would be unfair not to allow the person to be represented because the person is unable to represent himself, herself or itself effectively” (s.596(2)(b)). The legal representatives for each of the Applicant and the Respondent identify different factors upon which they rely in support of their respective contention in relation to this ground.

[5] Having considered the written submissions filed by the legal representatives of each of the Applicant and the Respondent I am satisfied that it would be unfair not to allow each of the Applicant and the Respondent to be represented because each of the Applicant and the Respondent are unable to represent themselves effectively.

[6] Permission is granted to each of the Applicant and the Respondent to be represented by a lawyer pursuant to s.596(2)(b).

COMMISSIONER

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