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Fair Work Act 2009
s.604 - Appeal of decisions
Groote Eylandt Mining Company Pty Ltd T/A South32 GEMCO
v
Construction, Forestry, Mining and Energy Union
(C2016/2755)
SENIOR DEPUTY PRESIDENT WATSON
DEPUTY PRESIDENT KOVACIC
COMMISSIONER ROE MELBOURNE, 24 MARCH 2016
Appeal against decision [[2016] FWCA 792] of Commissioner Gregory at Melbourne on
5 February 2016 in matter number AG2015/7568 – permission for Appellant and Respondent
to be represented by a lawyer or paid agent – granted.
[1] This decision concerns applications for permission to be represented by Counsel by
the Groote Eylandt Mining Company Pty Ltd T/A South32 GEMCO (the Appellant) and the
Construction, Forestry, Mining and Energy Union (the Respondent).
[2] The Appeal was listed for hearing subject to directions of Vice President Hatcher of
9 March 2016, which included a requirement that any “party that wishes to apply for
permission to be represented at the hearing of the appeal by a lawyer or paid agent shall file in
the Commission and serve on the other party a document, not exceeding one A4 page in
length, which identifies the lawyer or paid agent the subject of the application and the reasons
why such permission should be granted having regard to the grounds in s.596(2) of the Fair
Work Act 2009” (the Act), by 5.00 p.m. Monday, 23 March 2016.
[3] On 22 March 2016, solicitors for the Respondent filed an application for permission to
be represented at the hearing of the Appeal by Counsel. The Respondent also indicated that it
consents to the Appellant seeking leave to be legally represented. On 23 March 2016,
solicitors for the Appellant filed an application for permission to be represented at the hearing
of the Appeal by Counsel.
[4] In circumstances where the Appeal is to be heard in Melbourne and the Appellant and
the parties to the Agreement, the subject of the Appeal, are based interstate and solicitors for
the Respondent are based in Brisbane, the Full Bench is of the view that the applications for
permission to be represented by Counsel should be determined in advance of the hearing.
[5] Having regard to the nature and legal complexity of the Appeal, we are satisfied that
representation by Counsel in each case would enable the Appeal to be dealt with more
efficiently. In circumstances where each party would be represented by Counsel no issue of
unfairness to either party arises.
[2016] FWCFB 1867
DECISION
E AUSTRALIA FairWork Commission
[2016] FWCFB 1867
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[6] Accordingly, pursuant to s.596 of the Act, we grant permission for the Appellant and
the Respondent to be represented by Counsel.
SENIOR DEPUTY PRESIDENT
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