Permission for a lawyer or professional paid agent to represent a party in proceedings before the Fair Work Commission will be more readily granted where the proposal is that the advocate will not cross-examine the other party; and possibly where the matter is being determined by a determinative conference.
“The specific facts and circumstances of this matter have been assessed, where the Respondent’s representative has been involved, since submissions were filed in relation to the matter, and there is some complexity to the factual matrix to be assessed against the legal tests as to whether the Applicant resigned or was forced to do so. Therefore, to assist in the efficient, fair and effective conduct of the matter, the Respondent, pursuant to s.596(2)(a) and s.596(2)(b) of the Act, is granted permission to be represented by a lawyer at the Determinative Conference in this matter. The Respondent’s representative made concessions as to the nature of their representation sought, on the basis that the matter is to be conducted by a Determinative Conference. The Commission is responsible for providing a fair process to both parties, and given that the matter is to be conducted via a Determinative Conference, the procedure will be controlled by the Commission, allowing for the equitable presentation of both cases.”
Ham v Dr Allan Clarke T/A CJ Orthopaedics Pty Ltd (2017) delivered 19 January 2017 per Spencer C