TERMINATION OF EMPLOYMENT – costs – s.394 Fair Work Act 2009 – application for unfair dismissal – application dismissed on basis that applicant unreasonably failed to comply with directions and attend non-compliance hearing – respondent filed application for costs against applicant for costs of engaging consultant – Commission replied that respondent had not disclosed use of representative in proceedings – respondent submitted that consultant engaged to assist in defence but not to speak on the respondent’s behalf – submitted that consultant did not act as a representative according to the guidelines under the Form F3 – Fitzgerald considered – Commission satisfied work undertaken by consultant broad enough to be captured within the scope of representation by a paid agent – found respondent not precluded from making application for costs – found that response to Form F3 should not count against respondent – applicant directed to file submissions relating to application for costs by 20 March 2018, otherwise matter will be determined on material currently filed – in event applicant provides submission, respondent directed to file submission in reply by 27 March 2018. Taiepa v Shinsen Taijutsu P/L t/a MMA247
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