Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 611

  (1)   A person must bear the person's own costs in relation to a matter before the FWC.

  (2)   However, the FWC may order a person (the first person ) to bear some or all of the costs of another person in relation to an application to the FWC if:

  (a)   the FWC is satisfied that the first person made the application, or the first person responded to the application, vexatiously or without reasonable cause; or

  (b)   the FWC is satisfied that it should have been reasonably apparent to the first person that the first person's application, or the first person's response to the application, had no reasonable prospect of success.

Note:   The FWC can also order costs under sections   376, 400A, 401 and 780.

  (3)   A person to whom an order for costs applies must not contravene a term of the order.

Note:   This subsection is a civil remedy provision (see Part   4 - 1).