GENERAL PROTECTIONS – costs – ss.365, 375B, 611 Fair Work Act 2009 – Mr Cadd made application under s.365 FW Act in August 2016, which was resolved by way of settlement – application under s.365 filed again on 8 March 2017 – respondent first notified of application on 14 March 2017 – application discontinued on 22 March 2017 – application for costs order under s.375B filed by respondent on 27 March 2017 – Commission noted costs application only related to costs incurred between 14 March 2017 and 22 March 2017 – respondent submitted it intended to seek costs under s.611 as well but the box on Form F6 was not marked – as s.611 application for costs made outside 14 days after Commission finished dealing with matter, unable to be considered – respondent submitted s.375B was broad enough to permit Commission to order costs in the present matter – interpretation of s.375B and Explanatory Memorandum – held costs provisions of the FW Act clearly draw a distinction between actions which involve starting a matter and actions which involve the conduct of a matter or the continuation of a matter – held s.375B had narrow operation and Parliament did not intend it would apply to costs incurred by respondent solely arising from application being filed under s.365 or s.372 – noted applicant’s conduct in lodging application in present matter was conduct that would have led to costs order being made against him under s.611 as it should have been reasonably apparent that application had no prospect of success – Commission noted the only conduct of applicant that caused respondent to incur any costs was the action of making application under s.365 – there was no other action nor any act of omission, whether reasonable or unreasonable, in connection with conduct or continuation of dispute which would cause costs to be incurred – Commission held s.375B did not permit costs order to be made where the only costs incurred were in responding to the initial application – application for costs dismissed. Cadd v Millennium Cleaning (Vic) P/L
