Introduction
There are different ways for someone to tell us they are acting for you. Some must ask our permission to take part in a conference or hearing.
Content
What a representative does
When a representative ‘acts for’ you, they give you their professional services. This is also called ‘acting on your behalf'. When you have a case before the Commission, your representative might:
- give you legal or other advice
- submit (‘lodge’) your documents to us
- send letters or emails to us, or to another party or their representatives
- prepare, or help you prepare, documents you need at a conference or hearing (such as applications, statutory declarations and witness statements)
- negotiate a settlement or resolution of the matter
- prepare for, and take part in a conference or hearing as your advocate
- do work that relates to any of the above.
Who can represent you
You can ask any of these people to act for you:
- a lawyer – a person who has a current certificate to practise law in Australia
- a paid agent – a person who is not a lawyer who charges or receives a fee to represent you
- a bargaining representative or an in-house lawyer or agent of a union, employer association or peak council that is representing you
- an employee or officer in your business
- an unpaid representative – a friend or family member.
What your representative should do
Your representative should tell us they are acting for you. This is so everyone knows who has to receive copies of the correspondence and documents about the case.
This also tells the other parties and their representatives that they could be liable for costs. (The Commission might make an order for costs against a party or their lawyer or paid agent.)
Lawyers or paid agents
| What they must do | How to do this |
|---|---|
| Tell us they are acting for you. |
|
| Tell us they have stopped acting for you. | |
| Ask for permission to take part in a conference about general protections dismissal, if a staff conciliator runs it. |
|
| Ask for permission to take part in any conference or hearing that a Commission Member runs. |
|
We follow the legislation when we decide if your representative can take part.
Representation by Employee Claims Pty Ltd (trading as Employee Dismissals)
Content
On 21 February 2024, the President issued a Statement directing that all unfair dismissal applications and general protections involving dismissal applications that named Employee Claims Pty Ltd (trading as Employee Dismissals) as the applicant’s representative be referred to a Full Bench to decide whether permission should be granted for Employee Dismissals to appear as a paid agent on behalf of the applicant.
Read the Statement [2024] FWC 466.
Other representatives
Note: These representatives do not have to ask permission to take part in a conference or hearing, unless a Commission Member says they do.
Any other representative should tell us they are acting for you. To do this, you or they put their details in your form.
These representatives do not have to tell us if they stop acting for you. But you should let us know, in writing. Then we will stop sending them correspondence and documents about the case.