• CPD Points: 1 [PS]
  • Price: $45.00
  • Area: Industrial Relations; Workers' Compensation; Workplace Relations
  • Delivered: September 2018
Digital Content

Recording

Paper (10 Pages)

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Description

In this session, which was delivered as part of the Employment Law Conference in 2018, DP Barclay considers s.596 of the Fair Work Act 2009 that requires a person to obtain permission from the Fair Work Commission to be represented by an external lawyer. Other points discussed are – Until recently to be ‘represented’ was understood to mean to have a lawyer present your case at a hearing; However in Fitzgerald v Woolworths Limited [2017] FWCFB 2797, a Full Bench held that a lawyer was not able to assist a party to present their case without permission. This has created uncertainty as to what can be done without permission and led to a situation where parties can (and are) litigating as to the extent to which the other can obtain legal assistance prior to a hearing.

DP Barclay also provides observations from the bench about how practitioners can best address the requirements under s.596 and how to engage with the bench as a representative.

DP Barclay is joined by Mr Craig Green who sets out the case law in this area and why there needs to be a legislative change. The key takeaways include – How to present the best case in order to obtain permission to appear; What the cases tell us about this issue; and Why the law needs to be changed.

David Barclay, Deputy President, Fair Work Commission

About the Presenter:

Deputy President David Barclay commenced as President of the Tasmanian Industrial Commission in 2016. In early 2017 he was appointed a Deputy President of the Fair Work Commission. Previously he was in-house counsel with Page Seager Lawyers from 2003, and prior to that, a partner of a law firm in Devonport. In his appointment as in-house counsel, Mr Barclay appeared for clients in courts and tribunals and provided advice to those clients and practitioners within the firm when counsel’s advice was needed. He also regularly acted as counsel for other firms of lawyers. He specialised in appearing in the Supreme Court in both civil and criminal matters; The Federal Court; Tribunals including the Workers Compensation Tribunal, the Anti-Discrimination Tribunal and the Administrative Appeals Tribunal; commercial arbitrations; Disciplinary Tribunals and Industrial Health and Safety matters. He regularly provided advice on complex commercial matters and has extensive experience in mediations.

Craig Green, Counsel, Dobson Mitchell Allport

About the Presenter:

Mr Craig Green is in-house counsel in DMA’s commercial litigation and dispute resolution team, specialising in employment law. He represents and advises employers in a wide range of industries, including the education, transport and disability sectors. He has a strong focus on alternative dispute resolution and negotiated outcomes. Craig's practice includes advising on employment disputes, compliance with statutory obligations and workplace complaints. He advises employers about drafting policies and procedures and contracts of employment. Craig is widely regarded as a leading practitioner in Tasmanian State Service matters. As counsel, Craig appears regularly in the Fair Work Commission, the Federal Circuit Court, the Tasmanian Industrial Commission and the Anti-Discrimination Tribunal. Craig is a member of the Industrial Law Committee of the Law Council of Australia. He is a long-standing member of the Employment, Diversity and Inclusion Committee of the Law Society of Tasmania.

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