Papers to note: Legal Representation in the Fair Work Commission

21/05/2015

The Bar Association has made a submission to the Productivity Commission Inquiry into the Workplace Relations Framework. The association recommends that the Fair Work Act 2009 be amended to permit any party to proceedings before the commission to be legally represented. It argues that the limitation on legal representation of parties in proceedings in the commission is giving rise to inefficiencies; increased costs for parties, duplication in work in preparing for cases, and uncertainty about the process.

President Jane Needham SC said, "There does not appear to be any rational reason for this legislative provision. It should be repealed. It seems odd that an individual can be represented by an experienced lawyer employed by a trade union but that a company could be forced to conduct proceedings without representation."

View the submission here.