[2025] FWC 986
Citation: [2025] FWC 986
What happened
the Applicant was dismissed from Aurenne Management Services Pty Ltd in January 2025 after an investigation into a loss of ore at their Mt Ida mine in Western Australia. She worked as a Pit Technician and her role involved guiding excavator operators. The incident occurred when the wrong mining location was marked out by other geology department members. Aurenne filed a response stating no jurisdictional objections. The matter proceeded to a determinative conference.
What was decided
The Fair Work Commission considered whether Aurenne should be granted permission for the Second Respondent, a human resources director, to be represented at the determinative conference. The Commissioner denied Aurenne’s request for representation, finding the Second Respondent capable of representing the company and that allowing representation only to Aurenne would be unfair to the Applicant. The Commission noted the Second Respondent had legal assistance in preparing submissions. The hearing proceeded with the Applicant representing herself.
What it means for employers
Employers should ensure their representatives in Fair Work proceedings are adequately prepared and capable. The Commissioner considers fairness when granting representation, and denying one party representation when the other is self-representing can be problematic. Human resources professionals may not automatically be deemed capable of representing a company in complex legal matters.
What it means for employees
Employees may represent themselves in Fair Work proceedings, even against a represented employer. The Commissioner will consider the capabilities of both parties when deciding whether to grant representation.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →