Industrial Relations Act 2016

This section applies in relation to proceedings other than a proceeding for a public service appeal.

A party to proceedings, or person ordered or permitted to appear or to be represented in the proceedings, may be represented by a lawyer only if—

for proceedings in the court—

all parties consent; or

the court gives leave; or

the proceedings are for the prosecution of an offence; or

for proceedings before the full bench—the full bench gives leave; or

for proceedings before the commission, other than the full bench, under the Anti-Discrimination Act 1991—the commission gives leave; or

for proceedings before the commission, other than the full bench, relating to an industrial matter involving allegations of sexual harassment or sex or gender-based harassment—the commission gives leave; or

for other proceedings before the commission, other than the full bench—

all parties consent; or

for a proceeding relating to a matter under a relevant provision—the commission gives leave; or

for proceedings before an Industrial Magistrates Court—

all parties consent; or

both of the following apply—

the proceedings relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; and

an Industrial Magistrates Court gives leave; or

the proceedings are for the prosecution of an offence; or

for proceedings before the registrar, including interlocutory proceedings—

all parties consent; or

the registrar gives leave; or

for proceedings before a conciliator—the conciliator gives leave.

However, the person or party must not be represented by a lawyer—

if the party is a negotiating party to arbitration proceedings before the commission under chapter 4, part 3, division 2; or

in proceedings before the commission under section 403 or 475; or

in proceedings remitted to the Industrial Magistrates Court under section 404(2) or 475(2).

Despite subsection (1), a party or person may be represented by a lawyer in making a written submission to the commission in relation to—

the making or variation of a modern award under chapter 3; and

the making of a general ruling about the Queensland minimum wage under section 458.

An industrial tribunal may give leave under subsection (1) only if—

it would enable the proceedings to be dealt with more efficiently, having regard to the complexity of the matter; or

it would be unfair not to allow the party or person to be represented because the party or person is unable to represent the party’s or person’s interests in the proceedings; or

it would be unfair not to allow the party or person to be represented having regard to fairness between the party or person, and other parties or persons in the proceedings.

Examples of when it may be unfair not to allow a party or person to be represented by a lawyer—

• a party is a small business and has no specialist human resources staff, while the other party is represented by an officer or employee of an industrial organisation or another person with experience in industrial relations advocacy

• a person is from a non-English speaking background or has difficulty reading or writing

For this section, a party or person is taken not to be represented by a lawyer if the lawyer is—

an employee or officer of the party or person; or

an employee or officer of an entity representing the party or person, if the entity is—

an organisation; or

a State peak council; or

another entity that only has members who are employers.

In proceedings before the Industrial Magistrates Court for the prosecution of an offence under subsection (1)(f), the person represented can not be awarded costs of the representation.

In this section—

industrial tribunal means the Court of Appeal, court, full bench, commission or Industrial Magistrates Court.

proceedings—

means proceedings under this Act or another Act being conducted by the court, the commission, an Industrial Magistrates Court or the registrar; and

includes conciliation being conducted under part 3, division 4 or part 5, division 5A by a conciliator.

relevant provision, for a proceeding before the commission other than the full bench, means—

chapter 8; or

section 471; or

chapter 12, part 2 or 16.