Application by Maker Store Pty Ltd
Citation: [2026] FWC 2610
At a glance
- Employees affected
- 1
What happened
Maker Store Pty Ltd sought costs against the Applicant following his application for unfair dismissal. The Applicant failed to attend scheduled conferences and hearings, and did not file required documents. The company claimed this unreasonable conduct caused them to incur legal fees and internal management time. The Applicant’s employment was approximately 11 months, short of the 12-month minimum period for an unfair dismissal claim. Maker Store Pty Ltd sought $3,675 in costs, including $2,550 in legal fees and $1,125 in internal costs.
What was decided
The Fair Work Commission did not award costs to Maker Store Pty Ltd against the Applicant. The Commissioner found that while the Applicant’s actions were unreasonable by failing to engage with the process, the incurred costs were largely self-inflicted due to Maker Store Pty Ltd seeking legal advice and representation without permission from the Commission. The Commission emphasised its cautious approach to awarding costs in Fair Work matters.
What it means for employers
Employers should be aware that simply incurring costs doesn't automatically entitle them to recover those costs from an employee. Unreasonable conduct by the employee must directly cause the costs, and a clear case is needed for the Commission to award costs. Seeking legal advice without permission can lead to self-inflicted expenses.
What it means for employees
Employees should engage with Fair Work processes and attend scheduled hearings or provide valid reasons for non-attendance. Failing to do so may result in an employer seeking costs, although this is not automatically granted.
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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 →