See Fair Work Act s.376
The Fair Work Commission may make an order for costs against a representative for costs incurred by the other party to the matter if satisfied that the representative caused those costs to be incurred because:
There is no requirement that representatives be granted permission to appear before the Commission can make an order for costs.
This requires a positive act on the part of the lawyer or paid agent, not merely an absence of discouragement.
An example of where the Commission may award costs against a representative under the new s.376 is where the representative knows that his or her client’s general protections application is dishonest or without foundation but still actively encourages them to proceed with the application to try and extract a remedy such as a financial settlement from the employer.