Document ID: chunk:federal_register_of_legislation:F2024L00379:reg:13
Version: federal_register_of_legislation:F2024L00379
Segment Type: reg
Provision Reference: reg 13
Character Range: 16020–18129

13  Representation by lawyers and paid agents
 (1) In any matter before the FWC, a person:
 (a) must not, without the permission of the FWC, be represented in the matter by a lawyer or paid agent participating in a conference or hearing relating to the matter; but
 (b) may otherwise, without the permission of the FWC, be represented by a lawyer or paid agent in the matter.
Note 1: This rule is made for the purposes of subsection 596(1) of the Act.
Note 2: See subsection 596(4) of the Act for when a person is taken not to be represented by a lawyer or paid agent for the purposes of that section.
 (2) Despite paragraph (1)(a), a person may, without the permission of the FWC, be represented in a matter by a lawyer or paid agent:
 (a) participating in a conference or hearing in relation to the following:
 (i) a matter arising under Part 2‑3 of the Act (modern awards);
 (ii) a matter arising under Part 2‑5 of the Act (workplace determinations);
 (iii) a matter arising under Part 2‑6 of the Act (minimum wages);
 (iv) a matter arising under Part 2‑7 of the Act (equal remuneration);
 (v) a matter arising under section 510 or 512 of the Act (entry permits); and
 (b) participating in a conference conducted by a member of the staff of the FWC, whether or not under delegation, in relation to the following:
 (i) an unfair dismissal application;
 (ii) a sexual harassment FWC application;
 (iii) an application under section 789FC of the Act for an order under section 789FF of the Act to stop bullying or sexual harassment.
 (3) Despite anything in this rule, the FWC may, in relation to a matter before the FWC, direct that a person is not to be represented in the matter by a lawyer or paid agent except with the permission of the FWC.
 (4) To avoid doubt, nothing in paragraph (2)(b) is to be taken as permitting a person to be represented in a matter by a lawyer or paid agent participating in a conference before a FWC Member in relation to a sexual harassment FWC application, an unfair dismissal application or an application under section 789FC of the Act without the permission of the FWC.