Under section 611 of the Fair Work Act 2009 (Cth), the rule generally is that each party pays their own costs associated with the conciliation. This means that if you obtain a settlement at the conciliation, you will still be liable to pay for your own legal costs.
If the matter does go to an arbitration or final hearing, again section 611 applies, and it is unlikely that if you win the other side would be ordered to pay your legal costs, or you would be ordered to pay the other party’s costs if you lose.
However, the Fair Work Commission can order a party to an general protections application to pay costs in two circumstances:
- if Fair Work Commission is satisfied that the application, or the employer’s response/defence to the application, was made “vexatiously” or without reasonable cause; or
- the Fair Work Commission is satisfied that it should have been reasonably apparent to the applicant that the application, or the employer’s response/defence to the application, had no reasonable prospect of success.
If you require assistance with a Fair Work Commission matter, please call any of our offices for assistance.
MORGAN COUZENS LEGAL
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