South Australian Current Acts

FAIR WORK ACT 1994 - SECT 25

25—Representation

        (1)         In addition to section 51(1)(a) and (b) of the South Australian Employment Tribunal Act 2014 , a party to proceedings before SAET under this Act is entitled, without leave, to be represented by—

            (a)         in the case of a party that is not otherwise represented by counsel in accordance with section 51(1)(b) of the South Australian Employment Tribunal Act 2014 —a registered agent; or

            (b)         an officer or employee of an industrial association acting in the course of employment with that industrial association.

        (2)         However, in the case of a voluntary or compulsory conference, a party or intervener may, subject to subsections (3) and (4), only be represented by a legal practitioner or registered agent with the permission of the person presiding at the conference.

        (3)         Permission is not required under subsection (2) if—

            (a)         the legal practitioner or registered agent is an officer or employee of—

                  (i)         an employer who is a party to the proceedings; or

                  (ii)         the United Trades and Labor Council; or

                  (iii)         a registered association of which a member is a party to the relevant industrial dispute; or

            (b)         the legal practitioner is acting on behalf of the Minister for the purposes of the conference; or

            (c)         in the case of a compulsory conference—the matter has already been referred to SAET.

        (4)         Permission will only be granted under subsection (2) if (and only if)—

            (a)         all of the parties consent to the application for permission; or

            (b)         another party is represented by a legal practitioner or registered agent; or

            (c)         another party is a legal practitioner or is legally qualified; or

            (d)         the person presiding at the conference is satisfied—

                  (i)         the party or intervener would, if permission were not granted, be unfairly disadvantaged; or

                  (ii)         permission is appropriate in the circumstances.

        (5)         The costs incurred by a party for representation at a voluntary or compulsory conference by a legal practitioner or registered agent acting under the preceding subsections will not be included in any order for costs.