[2025] FWC 1380
Citation: [2025] FWC 1380
What happened
the Applicant made applications to the Fair Work Commission regarding general protections and a stop bullying matter against Quantum-Systems Pty Ltd (the First Respondent) and several associated entities and individuals (the Second, Third, Fourth and Fifth Respondents). Following initial applications, the Applicant withdrew the first application and then filed a new application alleging unfair dismissal. The Respondents initially raised a jurisdictional objection, which they later withdrew. Subsequently, the Applicant indicated an intention to pursue legal action in the Federal Court. the Applicant then sought an order for costs against the Respondents.
What was decided
The Fair Work Commission dismissed the Applicant’s application for costs against the Respondents. the Commissioner found that the threshold for ordering costs under sections 375B and 611 of the Fair Work Act 2009 is high, requiring clear evidence of unreasonable conduct. The Commission considered previous case law and explanatory materials regarding the legislative intent behind these provisions. the Applicant’s argument that the Respondents misled the Commission was not substantiated.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →