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MiscellaneousChapter 6 Additional provisions relating to termination of employmentPart 6-4

Termination of employmentDivision 2

Regulation6.06

No fee—hardship

(7) If the FWC is satisfied that the person making an application will suffer serious hardship if the person is required to pay the fee, no fee is payable for making the application.

Refund of fee—discontinuing application

(8) The FWC must repay to the person an amount equal to the fee if:

(a) the fee has been paid; and

(b) the application is subsequently discontinued as mentioned in section 588 of the Act; and

(c) either:

(i) at the time the application is discontinued, the application has not yet been listed for conducting a conference; or

(ii) if the application has, at or before that time, been listed for conducting a conference on a specified date or dates—the discontinuance occurs at least 2days before that date or the earlier of those dates.

6.06 Scheduleof costs

(1) For section 780of the Act, the schedule of costs set out in Schedule 3.1 is prescribed.

(2) In awarding costs:

(a) the FWC is not limited to the items of expenditure mentioned in Schedule 3.1; but

(b) if an item of expenditure is mentioned in Schedule 3.1, the FWC must not award costs for that item at a rate or of an amount in excess of the rate or amount mentioned in Schedule 3.1 for that item.

Note: An application for an order for costs must be made in accordance with the procedural rules.

(3) A bill of costs must identify, by an item number, each cost and disbursement claimed.

(4) In Schedule 3.1:

folio means 72 words.

Note: There are generally 3 folios to a page.

Fair Work Regulations 2009

Compilation date: 11/09/2021

91

Compilation No. 36

Registered: 19/10/2021

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