the Applicant v RACQ Operations Pty Ltd
Citation: [2025] FWC 3615
What happened
the Applicant commenced employment with RACQ Operations Pty Ltd. She brought an application to the Fair Work Commission concerning costs under sections 611 and 375B, related to a s.365 application. The Commission considered whether RACQ engaged in unreasonable conduct and whether costs were incurred unnecessarily.
What was decided
The Fair Work Commission dismissed the Applicant’s application for costs. the Commissioner found that RACQ did not engage in unreasonable conduct. Consequently, the Commission did not order any costs to be paid. The decision states, 'costs not ordered – application dismissed.'
What it means for employers
Employers should ensure they act reasonably in workplace disputes. Unnecessary or unreasonable actions can lead to cost orders against the company, even if the initial application is unsuccessful.
What it means for employees
Employees seeking to pursue claims should be aware that the Fair Work Commission can order costs against them if their conduct is deemed unreasonable.
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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 →