Employer Fair Work Representation Services

If your business has a matter before the Fair Work Commission, you may automatically think that the you are entitled to legal representation in that matter and that your legal representative is able to appear for the business in the Fair Work Commission proceedings. You would be wrong. The issue of legal representation before the Fair Work Commission has become a hot topic as a result of a number of recent decisions.

Section 596 of the Fair Work Act 2009 (Cth) (“FW Act”) requires a party who is seeking to be represented by a lawyer or a paid agent in proceedings before the FWC to seek the permission of the FWC for such representation. In particular, s596(2) provides that the FWC may only grant permission for a party to be represented, if:

  • ​It would enable the matter to be dealt with more efficiently, taking into account the complexity of the matter; or
  • It would be unfair not to allow the person to be represented because the person is unable to represent himself, herself or itself effectively; or
  • ​It would be unfair not to allow the person to be represented taking into account fairness between the person and other person in the same matter.

As an employer representative, HR Global Solutions are able to represent employers at Fair Work Commission proceedings. Also, HR Global Solutions can provide representation in circumstances where the Fair Work Commission has denied a lawyer the right to appear. Internal HR teams and some legal professionals may not have the experience to defend claims effectively at a Fair Work Commission hearing due to the complexity and formalities involved. Our consultants and advisors have appeared in hundreds of conferences and hearings demonstrating their expertise, knowledge and professional aptitude.

Contact HR Global Solutions

When you have a hearing at the Fair Work Commission, contact our advisors on +61 3 8563 9524. With help from our Workplace Industrial Relations Specialists, you can count on our vast experience and expertise in handling the most complex and frustrating issues.