Fair Work Ombudsman v Grouped Property Services Pty Ltd (No 3) [2017] FCA 810

Fair Work Ombudsman v Grouped Property Services Pty Ltd (No 3) [2017] FCA 810

GPS's denials that the 51 individuals were employees and that GPS was their employer had no foundation in fact or law because the evidence was all one way and the legal principles were not in dispute. GPS also failed to challenge the Ombudsman's evidence, file evidence or submissions, attend relevant hearings for GPS, or assist with calculations. Those unreasonable acts and omissions caused the Ombudsman to incur costs of proving matters, preparing for and conducting the hearings, and addressing compensation calculations. It was therefore appropriate under s 570(2)(b) to order GPS to pay 95% of the applicant's relevant first hearing costs, excluding affidavit preparation costs, and 75% of...

Jurisdiction
Australia
Judgment Date
20 July 2017
Procedural Posture
Application for Costs in Proceedings Arising Under the Fair Work Act 2009 (cth) / Amended Interlocutory Application for Costs Heard on the Papers After Judgments on Liability, Compensation and Penalties
Outcome
Application for costs substantially granted against the first respondent.
Legal Topics
['costs Under S 570(2)(b) of the Fair Work Act 2009 (cth)' 'unreasonable Acts or Omissions Causing Costs' 'lump Sum Costs Order' "registrar's Power to Fix Costs"]
['industrial Law' 'costs' 'employment & Industrial Relations'] ['costs Under S 570(2)(b) of the Fair Work Act 2009 (cth)' 'unreasonable Acts or Omissions Causing Costs' 'lump Sum Costs Order' "registrar's Power to Fix Costs"]

Case Brief

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Procedural Posture

Application for Costs in Proceedings Arising Under the Fair Work Act 2009 (cth) / Amended Interlocutory Application for Costs Heard on the Papers After Judgments on Liability, Compensation and Penalties

Legal Issues

  1. 1 ["Whether the applicant's costs were incurred because of unreasonable acts or omissions of the first respondent within s 570(2)(b) of the Fair Work Act 2009 (Cth)." "Whether the Court should order the first respondent to pay proportions of the applicant's costs of the first and second hearings." 'Whether costs should be paid in a lump sum and, if not agreed, fixed by a Registrar under r 40.02(b) of the Federal Court Rules 2011 (Cth).']

Ratio Decidendi

GPS's denials that the 51 individuals were employees and that GPS was their employer had no foundation in fact or law because the evidence was all one way and the legal principles were not in dispute. GPS also failed to challenge the Ombudsman's evidence, file evidence or submissions, attend relevant hearings for GPS, or assist with calculations. Those unreasonable acts and omissions caused the Ombudsman to incur costs of proving matters, preparing for and conducting the hearings, and addressing compensation calculations. It was therefore appropriate under s 570(2)(b) to order GPS to pay 95% of the applicant's relevant first hearing costs, excluding affidavit preparation costs, and 75% of...

Court Disposition

Application for costs substantially granted against the first respondent.

Orders

  • ["Pursuant to s 570(2)(b) of the Fair Work Act 2009 (Cth), the first respondent pay 95% of the applicant's costs of the first hearing on 8, 9 and 10 December 2015, excluding the costs of preparing the affidavits filed for that hearing." "Pursuant to s 570(2)(b) of the FW Act, the first respondent pay 75% of the...