Notification of ‘acting for’ a person

If a person wants to advise the Commission that a lawyer or paid agent acts for them in relation to a matter before the Commission, they must lodge a notice with the Commission. The notice must be served on all parties to the matter.[148]

There are 2 ways in which a person (or a lawyer or paid agent acting for the person) can give notice that a lawyer or paid agent acts for them in relation to a matter before the Commission:

• they can give notice by identifying the lawyer or paid agent as the person’s representative in an application or other approved Commission form that they lodge in the matter, or
• they can give notice by lodging a Form F53.[149]

The notice may serve to inform the Commission and other parties that the lawyer or paid agent needs to be copied into correspondence and documents lodged in the matter. It also puts the other parties on notice that costs are being incurred for which the other parties (or their lawyers or paid agents) could become liable if a costs order is made by the Commission.[150]

In broad terms, a lawyer or paid agent acts for a person in relation to a matter before the Commission if they provide their professional services to the person in relation to the matter – for example:

• appearing as an advocate in a conference or hearing conducted by a Member of the Commission or a member of the staff of the Commission
• preparing to appear as an advocate
• negotiating a settlement or compromise of the matter
• giving legal or other advice
• preparing or advising on documents (including applications, forms, affidavits, statutory declarations, witness statements, written submissions and appeal books) for use at a conference or hearing
• lodging documents with the Commission
• sending letters or emails to the Commission, another party or another lawyer or paid agent, or
• carrying out work incidental to any of the above.[151]

Link to form

• Form F53 – Notice that a person: (a) has a lawyer or paid agent; or (b) will seek permission for lawyer or paid agent to participate in a conference or hearing.

All forms are available on the Forms page of the Commission’s website.

If a person has previously lodged a notice informing the Commission that a lawyer or paid agent is acting for them in relation to a matter before the Commission and the lawyer or paid agent ceases to act for them, the person must give the Commission notice of this.[152] The notice must also be served on all of the other parties to the matter.[153]

Link to form

• Form F54 – Notice that lawyer or paid agent has ceased to act for a person.

All forms are available on the Forms page of the Commission’s website.

In-house counsel, union representatives and employer association representatives

A person does not need to seek permission to be represented by a lawyer or paid agent if the lawyer or paid agent is:

• an employee (or officer) of the person, or
• an employee (or officer) of any of the following, which is representing the person:
  • a union or employer association that is registered under the Fair Work (Registered Organisations) Act 2009 (Cth), or
  • an association of employers that is not registered under the Fair Work (Registered Organisations) Act 2009 (Cth), or
  • a peak council, or
  • a bargaining representative, or
• a bargaining representative.[154]

In these circumstances, the person is taken not to be represented by a lawyer or paid agent.[155]

Where a person wants to be represented by a person or organisation that is not a lawyer or paid agent as defined in the Fair Work Act, the Commission’s permission is not required.[156]