the Applicant v the Respondent
Citation: [2025] FWC 3059
What happened
the Applicant sought an order for costs against the Respondent. The Fair Work Commission considered whether the threshold for an order for costs under sections 375B and 611 of the Fair Work Act 2009 was met. The matter involved an application to deal with contraventions involving dismissal.
What was decided
Deputy President Boyce found the threshold under section 611 of the Fair Work Act 2009 was not met. However, the threshold under section 375B was met. The Commission exercised its discretion to award costs against the Respondent. The specific amount of the costs order was not detailed in the provided text.
What it means for employers
Employers should be aware of the potential for cost orders against them if they fail to comply with workplace laws. The Commission can order costs against an employer even if the threshold for a costs order under s 611 is not met, if the threshold under s 375B is met.
What it means for employees
Employees who bring applications before the Fair Work Commission may be ordered to pay costs if their application is unsuccessful and they have acted unreasonably. However, the Commission has discretion in awarding costs.
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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 →