Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:22_353a
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 22 cl 353A
Character Range: 627898–629217

353A  Representation in proceedings in the Fair Work Division of the Federal Court and Federal Magistrates Court
 (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Magistrates Court, other than:
 (a) a proceeding in relation to an appeal under section 565 of the Fair Work Act; or
 (b) a proceeding in relation to an offence against a law of the Commonwealth.
 (2) Subject to subsection (4), a party to the proceeding that is an organisation may be represented by:
 (a) a member, officer or employee of the organisation; or
 (b) a member, officer or employee of a peak council to which the organisation is affiliated.
 (3) Subject to subsection (4), a party to the proceeding that is not an organisation may be represented by:
 (a) a member, officer or employee of an organisation of which the party is a member; or
 (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.
 (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.
 (5) In this section:
party includes an intervener.