See Fair Work Act ss. 375B, 376, 570 and 611
Persons who incur legal costs in a general protections matter before the Fair Work Commission or a court generally pay their own costs.
The Commission or a court has the discretion to order one party to a general protections matter to pay the other party’s legal or representational costs, but only where the Commission is satisfied the matter was commenced or responded to:
- vexatiously or without reasonable cause, or
- with no reasonable prospect of success.
Costs may also be awarded to one party if the Commission or the Court is satisfied that the costs were incurred as a result of an unreasonable act or omission of the other party (but in the case of the Commission only for dismissals taking effect from 1 January 2014, when s.375B commenced).
Costs may also be ordered against legal representatives.