See Fair Work Act 2009 s.400A, s.401, s.402, s.611
People who incur legal costs in a matter before the Fair Work Commission generally pay their own costs.
The Commission has the discretion to order one party to an unfair dismissal matter to pay the other party's legal or representational costs, but only where the Commission is satisfied the matter was commenced or responded:
- vexatiously or without reasonable cause, or
- with no reasonable prospect of success.
Costs may be awarded to one party if the Commission is satisfied that the costs were incurred as a result of an unreasonable act or omission of the other party (but only for dismissals taking effect from 1 January 2013, when the section commenced).
Costs may also be ordered against legal representatives.
This is called a 'costs order' and it will only be granted in certain situations.