Fair Work Commission

No-Costs Jurisdiction

The Fair Work Commission (Commission) is notoriously, by and large, a no-costs jurisdiction. This means that, by default, parties in proceedings before the Commission bear their own costs. Having regard to section 611 of the Fair Work Act 2009 (Cth) (the Act). However, the Act incorporates various provisions that deviate from this general principle in matters such as unfair dismissals and general protections applications that prompt the Commission to exercise its discretion and issue costs orders against a party.

The Fair Work Commission’s discretionary power was most recently exercised in Hong-Phuc Christopher Hua v Nayax AU Pty Ltd (U2023/4554). In this matter, Mr Hong-Phuc Christopher Hua (Costs Respondent) erroneously filed an unfair dismissal application against Nayax AU Pty Ltd (Costs Applicant) despite signing a Deed of Release relating to his employment. The Applicant failed to attend three Fair Work listings, failed to provide any submissions to support his application, and did not comply with the Commission’s orders or provide reasons for his failure to comply.

Following the Commission’s decision to dismiss the Costs Respondent’s application, the Costs Applicant was successful in its claim for costs on a partial indemnity basis on grounds that the Costs Respondent in the proceedings acted unreasonably and in contravention of directions made by the Commission pursuant to section 400A(1) of the Act.

How can we help?

The representatives for the Costs Applicant in this matter was Antunes Lawyers. The Fair Work Commission determined the outcome of this case based on the submissions demonstrating the baseless nature of the Costs Respondent’s application.

If you think you have a situation that warrants the recovery of costs in an employment-related dispute, please contact us on (02) 9964 0499 or use the form below.

Make an appointment to meet with our dedicated team today

  • This field is for validation purposes and should be left unchanged.

Follow us on Linkedin and Facebook

Related Articles

Taxation of Settlement Sums

Taxation of Settlement Sums and Awards for Damages

After a lengthy legal battle, you may be in receipt of a substantial lump sum settlement payment, or an award of damages in your favour following a judgment. It is important to be aware of the tax implications of those hard-earned monies as they can often be forgotten at the end of a dispute.

Read More

0 Comments5 Minutes

Employment Agreement

Why Have an Employment Agreement?

When an employee embarks on a new job opportunity, the employer will usually have the employee sign an employment agreement. Read more to find out who benefits from this arrangement, its uses, and crucial clauses to look out for.

Read More

0 Comments4 Minutes


Adopting a New Company Constitution

A company constitution is essential in regulating the activities and management of companies. Read more about the complications that may arise in the process of replacing or establishing a new company constitution.

Read More

0 Comments3 Minutes

Fixed-Term Contracts

New Rules for Fixed Term Contracts

The 6th of December 2023 saw a rollout of a changes to fixed term employment contracts. Learn more about how these changes will affect both employers and employees.

Read More

0 Comments4 Minutes

The articles on this website comprise legal general information and not legal advice. The general information presented here must not be relied upon without legal advice being sought. In the event that you wish to obtain legal advice on the contents of this general information you may do so by contacting our office or your existing solicitor.