CASE PROCEDURES – representation – ss.400, 596, 604 Fair Work Act 2009 – permission to appeal – Full Bench – applicant in unfair dismissal matter sought permission to appeal against Commission decision – submitted the Commission erred in finding the respondent was not a separate entity to the Commonwealth – erred in granting respondent permission to be represented by the Australian Government Solicitor (AGS) as relevant legislative and regulative exception was not applicable – erred in amending the respondent’s identification in the application – respondent agreed with the appellant that permission to appeal should be granted because the appeal raised an issue of broad application when AGS represents a federal department in any Commission proceeding – respondent maintained the proper respondent was the Commonwealth of Australia; its representatives were employees of the Commonwealth; maintained the exception to be represented plainly applied; and the relevant regulations enabled any APS employee to be authorised by the Agency Head to act as a public sector employee’s employer – Full Bench satisfied it would be in public interest to grant permission to appeal as the broader issue arose in the unfair dismissal appeals proceedings – Full Bench found the Commission was correct in identification of the proper respondent as the Department of Immigration and Border Protection was not itself an entity with legal personality – permission to be represented by AGS not required – permission to appeal granted – appeal dismissed. Appeal by Gibbens against decision of Commissioner Williams of 10 April 2017 [[2017] FWC 1938] Re: Department of Immigration and Border Protection
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