Commission & Court Representation for Employers
We offer effective Legal Representation in Workplace Matters for Employers.
Commission & Court Representation for Employers
We offer effective Legal Representation in Workplace Matters for Employers.
Employment Law Solutions for Employers
The Need for Effective Legal Representation in Workplace Matters
Despite the best efforts of dispute resolution, mediation and conciliation, many workplace and employment issues still end up in Australia’s Courts and Commissions for adjudication.
The increasing amount of legislation covering workplace relations require decision-makers within such statutory or judicial bodies to resolve disagreements between parties in the workplace.
If a workplace dispute reaches this stage, the guidance of an experienced legal advocate is highly advised given the complexity and density of some of the relevant legislative instruments and the technical application of the law.
Whether your matter is before an Industrial Commission, Court, the Queensland Industrial Relations Commission, the Fair Work Commission or the Queensland Human Rights Commission, Peters Bosel Lawyers has many years experience advocating for clients. Principals, Mark Peters and Julie Bosel both have a wealth of experience appearing before Commissions and Courts for clients from a range of industries, and can expertly advise you on the best ways to prepare and defend your interests.
What to know about legal representation on workplace matters
Certain statutory bodies such as the Fair Work Commission and Queensland Industrial Relations Commission have rules around legal representation and when a party can be represented by a lawyer.
The Fair Work Act requires in certain circumstances that a lawyer must seek the permission of a member of the Commission to represent a party before the Commission. This includes making an application or submission on another person’s behalf.
In-house counsel, union representatives and employer association representatives are not required to seek permission to appear before the Commission.
The starting position is that a party in a matter before the Commission must normally appear on his or her own behalf, but the Commission assesses permission for a person to be represented by a lawyer based on the complexity of the matter, efficiency and fairness.
The Commission may grant permission in formal proceedings but if one party raises an objection, the Commission will make a decision based on the facts and circumstances of the particular case.
Permission is often granted because there are jurisdictional arguments to be resolved in Commission appearances, which are complex and require knowledge and application of case law to the facts.
In summary
The growth of legislation covering the workplace has created a complex, time-consuming web of authorities and jurisdictions that an employer needs to take into account, whether negotiating an enterprise agreement or resolving a dispute.
Advice from experienced legal professionals is indispensable in order to save time, be effectively represented in Courts and Commissions, and achieve desired outcomes when it comes to all employment-related issues.
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Contact Peters Bosel Lawyers today for expert, experienced guidance on Commission & Court Representation for Employers.