ARTICLE · 04 DECEMBER 2017

McKenzie friends no more: Arbitration considerations for employers

Colin Biggers & Paisley

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This recent decision will reduce the role that lawyers and other representatives could play at the FWC in some matters.

AustraliaEmployment and HR

IN BRIEF - ARBITRATION CONSIDERATIONS FOR EMPLOYERS IN LIGHT OF FITZGERALD V WOOLWORTHS

A recent decision of the full bench of the Fair Work Commission (FWC) will reduce the role lawyers and other representatives can play at the FWC in some matters. If employers wish to proceed to arbitration, they should be aware that they may not be able to rely on their legal representative's assistance during some hearings or conciliation conferences.

The decision in Stephen Fitzgerald v Woolworths Limited [2017] FWCFB 2797:

means in circumstances where permission to represent is required (usually for conferences, conciliations or hearings), and the FWC does not grant permission for a person to be represented by a lawyer or paid agent, the representative will no longer be allowed to remain in the conference or arbitration to assist their client

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