CASE PROCEDURES – costs – ss.611, 739 Fair Work Act 2009 – Commission issued decision concerning an application under s.739 of FW Act – Commission decided that the relevant provisions of the Southern Air (Tas) P/L Enterprise Agreement 2015 (Agreement) set out comprehensively the operation of rostered days off (RDO) and entitlements of employees when on various forms of leave, in particular that those provisions do not provide for the accrual of a credit towards RDOs when on paid leave [[2016] FWC 7266] – Southern Air (Tas) P/L applied for a costs order under s.611 – submitted application was made without reasonable cause – further submitted alternative of no reasonable prospects of success – Kanan considered – CEPU submitted that because the Commission rejected its arguments it does not follow that application was made without reasonable cause – further submitted that threshold required for Commission to order costs was not reached – costs respondent relied on Wodonga Rural Council v Lewis and submitted s.611(2)(b) was not enlivened – Keep v Performance Automobiles and Deane v Paper Australia considered – not satisfied that it should have been apparent that the CEPU had no reasonable prospects of success or that originating application was made without reasonable cause – application for costs dismissed. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Southern Air (Tas) P/L
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