Errant Paid Agents to be Ousted Under New Code

The Fair Work Commission’s (FWC) President, Adam Hatcher, has released a draft code of conduct for paid agents and is now seeking feedback from stakeholders. The proposed code introduces stronger compliance measures, including potential bans or the revocation of appeal rights for agents who breach their obligations. 

Paid agents are not lawyers, yet they charge fees to represent individuals. Unlike lawyers in the legal profession, paid agents are not subject to minimum standards of conduct, experience or qualification. While many may act professionally, a lack of regulation has allowed agents to engage in practices that harm clients or disrupt the Commission’s processes. 

Concerns heightened in early 2024 following several matters in the FWC involving paid agents from Employee Dismissals. These cases prompted President Hatcher to establish a working group, which consulted widely and produced five recommendations, each of which he accepted. 

The release of the draft code, paid agent fact sheet and pre‑conciliation disclosure form implements two of these recommendations. Under the proposed code, agents must obtain permission to appear, give clients a written costs agreement, ensure settlement funds are paid directly to clients, refrain from obstructing settlement discussions, act ethically and professionally, and communicate honestly and respectfully with all parties. 

The fact sheet aims to inform individuals considering paid agent representation, while the disclosure form, required before unfair dismissal conciliations and general protections conferences, obliges agents to confirm compliance and disclose their fees upfront. 

The push for reform was reinforced by the Commission’s findings in the Howell matter, where Employee Dismissal failed to inform its client that the agreed settlement amount would not cover its own fees. President Hatcher described Employee Dismissal’s conduct as “misleading and unethical,” and a Full Bench of the FWC later refused permission to Employee Dismissal to represent 46 workers in related applications. 

The working group’s approach sought to balance stronger protections for vulnerable applicants with the need to preserve access to assistance for those who cannot secure legal representation. The proposed code aims to enforce that balance through clear standards and serious consequences.

 The Commission is inviting feedback on the draft materials until 4:00pm on 9 April 2026, with submissions to be sent to consultation@fwc.gov.au. 

If you have questions about how these changes may affect you as an employee or franchisee, please contact Nick Stevens, Paul Chapman, Evelyn Rivera, Ayla Hutchison or Dragana Prtenjak.