TERMINATION OF EMPLOYMENT – costs – ss.394, 400A, 611 Fair Work Act 2009 – application by unfair dismissal applicant for costs – alleged that respondent caused costs to be incurred due to failure to enter into settlement negotiations and unreasonable act of filing statements which were unsigned and one of which was not authorised by witness – Commission held application made under s.611 made outside of time and must fail – Commission considered application made under s.400A – attendance at conciliation is voluntary and failure to attend not an unreasonable act or omission – s.400A cannot require party to make an offer of settlement or penalise party for failing to do so – after both parties had filed Commission raised with respondent that documents did not appear to establish any valid reason and there was a complete absence of procedural fairness – Commission held should have been reasonably apparent to respondent from this time that defence to claim had little foundation – held continued defence of claim from that point was unreasonable act which resulted in costs being incurred – application upheld – ordered respondent pay applicant’s party/party costs incurred after 24 May 2017 and until 18 August 2017. Knight v Fawcett Plumbing P/L t/a Fawcett Plumbing
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