(1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:
(a) a proceeding in relation to an appeal under section 565 of the Fair Work Act; or
(b) a proceeding in relation to an offence against a law of the Commonwealth.
(2) Subject to subsection (4), a party to the proceeding that is an organisation may be represented by:
(a) a member, officer or employee of the organisation; or
(b) a member, officer or employee of a peak council to which the organisation is affiliated.
(3) Subject to subsection (4), a party to the proceeding that is not an organisation may be represented by:
(a) a member, officer or employee of an organisation of which the party is a member; or
(b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.
(4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.
(5) In this section:
"party" includes an intervener.