Transit Systems West Services Pty Ltd v Australian Rail, Tram and Bus Industry Union (No 2) [2021] FCAFC 13

Transit Systems West Services Pty Ltd v Australian Rail, Tram and Bus Industry Union (No 2) [2021] FCAFC 13

Although the applicant's submissions were found untenable, the Court was not satisfied the proceeding was instituted without reasonable cause as required by s 570(2)(a) Fair Work Act 2009 (Cth). Accordingly, power to award costs was not enlivened. Even if it had been, the Court would have declined to exercise its discretion to award costs given the application was neither made nor foreshadowed at or before the hearing.

Jurisdiction
Australia
Judgment Date
17 February 2021
Procedural Posture
Application for Costs / Post Judgment; Determination on Papers After Main Proceeding Decided
Outcome
Application for costs dismissed
Legal Topics
['costs – Lump Sum Application' 'fair Work Act 2009 (cth) S 570 – Costs Exceptions' 'vexatious or Unreasonable Legal Proceedings' 'court Discretion in Awarding Costs']
['employment Law' 'industrial Relations' 'costs'] ['costs – Lump Sum Application' 'fair Work Act 2009 (cth) S 570 – Costs Exceptions' 'vexatious or Unreasonable Legal Proceedings' 'court Discretion in Awarding Costs']

Case Brief

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Procedural Posture

Application for Costs / Post Judgment; Determination on Papers After Main Proceeding Decided

Legal Issues

  1. 1 ["Whether the proceedings were instituted 'without reasonable cause' under s 570(2)(a) of the Fair Work Act 2009 (Cth) so as to justify a costs order against the applicant" 'Whether a court should entertain an application for costs not foreshadowed at or before the hearing']

Ratio Decidendi

Although the applicant's submissions were found untenable, the Court was not satisfied the proceeding was instituted without reasonable cause as required by s 570(2)(a) Fair Work Act 2009 (Cth). Accordingly, power to award costs was not enlivened. Even if it had been, the Court would have declined to exercise its discretion to award costs given the application was neither made nor foreshadowed at or before the hearing.

Court Disposition

Application for costs dismissed

Orders

  • ["The first respondent's application for costs be dismissed."]