b'OTHER LEGISLATION CHANGESPAID AGENTSWhen: In trial stage 2. Prior to, or at the commencement of, anyconciliation in an unfair dismissal or generalWhat it is:protections matter, lawyers and paid agents willThe FWC are beginning to screen paid be required to disclose an estimate of costs andagents before they appear in conciliations, the arrangements for the payment of costs. conferences or hearings. 3. The Commission will update its existingresources, and develop new resources, designedsolely for general protections matters to support parties who wish to have or are(but we are seeing it creep in considering representation by a paid agent.elsewhere) 4. The Commissions standard terms of settlementnew Form 53A and short pre-hearings should provide only for the payment of thesettlement amount into a bank accountbelonging to the applicant. 5. Enhance referral arrangements withWhats Changing?:Community Legal Centres and other pro bonoThe Fair Work Commission (FWC) will be making its legal services. way through consulting on the implementation of The working group also concluded that a scheme ofrecommendations from the Paid Agents Working Group registration of paid agents would be the most effectivewhich was established to review the procedures long-term solution to challenging paid agent conduct.applicable to the participation of paid agents in This option had broad support from stakeholdersproceedings.throughout the consultation process. However, it would5 Recommendations by the Group require legislation change in order to be implemented,1.Members and conciliators will determine and would need to be supported by a properlyapplications under s596 for representation by a paid resourced regulatory body.agent prior to any conciliation, conference orhearing.Practical Tips for Employers: 1)Always seek professional advice prior to making decisions which may result in an unfair dismissal or generalprotections claimprotection is better than cure!2) If faced with a Fair Work claim, take the time to create a compelling argument in your initial, written response tothe claim.3)Consider carefully whether to engage a paid agent (and be prepared to have to justify that to the Commission), orwhether a blended model of support from a trusted advisor (e.g. lawyer or HR consultant) in drafting the responseand preparing you for self-representation is the better option.Pro Tip: when in a conciliation, assume the Fair Work conciliator has not fully read your response. They carry a high caseload and have KPIs on turnaround which means your response may not have been given as much attention as youwould like. So be prepared to be strong in verbalising your position in the conciliation conference.Page | 19 IR Update July 2025'