In October 2017, a Full Bench of the Fair Work Commission in Fitzgerald v Woolworths[1] challenged the common understanding of “representation” by a lawyer, by finding it involves a wide range of activities connected with litigation and is broader than just oral advocacy before the FWC.  As lawyers (and paid agents) must obtain the FWC’s permission to represent their client in a matter before the FWC,[2] this broader interpretation of representation has certainly made life more difficult for lawyers.

So, when will permission for legal representation be granted and, in light of Fitzgerald, can lawyers still assist their clients if permission is refused?