See Fair Work Act 2009 s.401
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:
Representatives are not required to be granted permission to appear before the Commission can make an order for costs.
The Commission cannot make an order under s.401 for costs incurred in an appeal of an unfair dismissal decision.
This requires a positive act on the part of the lawyer or paid agent, not merely an absence of discouragement.
 Explanatory Memorandum to Fair Work Amendment Bill 2012 at para. 179.
 Selcuk v Maddison & Associates Pty Ltd  FWC 4390 (Ryan C, 30 June 2015); Church v Eastern Health  FWCFB 810 (Ross J, Hatcher VP, Wilson C, 4 February 2014) at para. 29, [(2014) 240 IR 377].
 Khammaneechan v Nanakhon Pty Ltd ATF Nanakhon Trading Trust T/A Banana Tree Cafe  FWA 651 (Bartel DP, 31 January 2011) at para. 22.