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Rights and responsibilities of employees, employers, organisations etc.Chapter 3 Unfair dismissalPart 3-2 Procedural mattersDivision 5

Regulation3.08

(b) is to be made disregarding index numbers that are published in substitution for previously published index numbers (unless the substituted numbers are published to take account of changes in the reference base).

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) the FWC is satisfied that the FWC did not deal with the application in a substantial way before the application was discontinued.

3.08 Scheduleof costs

(1) For subsection 403(1) of the Act, the schedule of costs set out in Schedule 3.1 is prescribed.

Note 1: Under subsection 403(2) of the Act, in awarding costs, the FWC is not limited to the items of expenditure mentioned in Schedule 3.1.However, 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 2: An application for an order for costs must be made in accordance with the procedural rules.

(2) The FWC may allow the costs of briefing more than one counsel only if the FWC certifies that the attendance is necessary.

Note: It is likely that certification under subregulation (2) would occur only in relation to a very large or complex case.

(3) If the FWC considers it appropriate, a charge in Schedule 3.1 that is applicable to a solicitor is applicable to a person who:

(a) is not a solicitor; but

(b) is mentioned in section 596 of the Act.

Note: Section 596 of the Act sets out who may represent a party to a proceeding before the

FWC.

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

(5) In exercising its discretion under item 1002 of Schedule 3.1, the FWC must have regard to commercial rates for copying and binding, and is not obliged to apply the photographic or machine-made copy costs otherwise allowable in the Schedule.

Fair Work Regulations 2009

Compilation date: 11/09/2021

37

Compilation No. 36

Registered: 19/10/2021

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