Representation by Paid Agents/ Lawyers

Has your business ever had to attend any type of Fair Work Commission hearing and were represented by either a paid agent or a lawyer?

Earlier this year, President Justice Hatcher of the Fair Work Commission established the Paid Agent Working Group.  This group was established to review the current procedures in relation to the participation of paid agents/lawyers in proceedings.  The group’s objectives were to identify what measures needed to be put into place to ensure that paid agents/lawyers conduct themselves in an ethical manner, as well as acting in the best interests of the person(s) that they represent, and operating in accordance with standards that would be consistent with the expected standards of a lawyer in any other circumstance.

As a result of this group, a report and recommendations were submitted in September 2024 and changes have now been implemented, aiming at reducing unethical conduct by paid agents/lawyers in representing their clients in unfair dismissal and/or general protection claims.

As outlined in the group’s report, it was identified that most paid agents are competent professionals but there have been many complaints made to the Commission about the conduct/practices of some agents.  Some of the main concerns with some agents related to fee structures; quality of representation; misleading the client into believing that the agent is a part of the Commission; acting aggressively towards conciliators; and other complaints.

A paid agent is someone, or a business that represents you and who is not a lawyer.  Lawyers are regulated and have standards that they have to follow, whereas paid agents don’t have any regulated standards that they have to follow.  This has allowed for unscrupulous behaviour to occur by some paid agents which was the main reason for the Commission to introduce the group in the first place.

If you are wanting to have either a lawyer or a paid agent to represent you at Fair Work, including to make an application or submission on your behalf, then permission must first be sought from the Commission from the lawyer or paid agent.

Notice to represent can be provided in 2 ways:

• By identifying themselves as the representative in an application, or any other Commission form
• Completing an F53 Form

The Commission will grant permission for a paid agent or lawyer representative only for one of three reasons:

• Making the matter more efficient, especially if it is a complex matter
• Fairness, ie it would not be fair to not allow the person to be represented
• It wouldn’t be fair to not allow the person to be represented in fairness between the person and other person(s) in the same matter

At Key Business Advisors, we pride ourselves in our professionalism and approach to supporting our clients.  In line with the changes that have been implemented, we are more than happy to provide any client with a Fair Work claim with proposed costs and possible risks and outcomes before we even take on your case.

To find out more about these changes and other changes and how they may impact your business, or how to have a conversation with your team on expectations moving forward, please contact our HR team on 1300 4 ADVICE to discuss with one of our HR specialists.

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• Business Strategy & Growth – https://keyba.com.au/business-advice-strategy-and-growth/
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