[2025] FWCFB 135
Citation: [2025] FWCFB 135
What happened
the Applicant sought permission to appeal a decision where a Deputy President dismissed his application to stop bullying at the National Disability Insurance Agency (NDIA). The Deputy President found there was no risk of continued bullying. the NDIA sought permission to be legally represented in the appeal, which the Applicant opposed. The appeal raises 13 grounds, including factual errors and procedural fairness concerns, and relates to a restructure of the NDIA’s Risk Management Branch.
What was decided
The Fair Work Commission Full Bench granted the NDIA permission to be legally represented in the appeal. The bench determined that granting permission would enable the matter to be dealt with more efficiently, considering the complexity of the issues and the substantial evidentiary material. They acknowledged a disparity in representation expertise but were confident a fair hearing would be ensured. The Deputy President’s decision concerned whether the Applicant was at risk of continued bullying.
What it means for employers
Employers should be aware that the Fair Work Commission may grant permission for a party to be legally represented, even if the employer has internal legal resources, if the matter is complex and efficient resolution is needed. This highlights the importance of thorough documentation and fair processes in workplace disputes.
What it means for employees
Employees seeking to appeal Fair Work decisions may face challenges in obtaining representation, but the Commission can grant permission if the matter is complex or representation would ensure fairness. Having a support person, even without legal training, can still be beneficial.
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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 →