FAIR WORK ACT 1994 - SECT 36
FAIR WORK ACT 1994 - SECT 36
(1) The South
Australian Employment Court may only award costs in proceedings based on a
monetary claim as follows—
(a) the
Court may award costs on a claim for non-payment of superannuation
contributions to cover reasonable expenses incurred by the claimant to
establish the present value of the loss; and
(b) the
Court may award costs on an appeal.
(2) In connection with
the operation of subsection (1)(b)—
(a)
costs need not be awarded so as to follow the event; and
(b) the
Court, in considering whether to award costs and, if so, the extent of the
award, must take into account—
(i)
the conduct of the parties; and
(ii)
the relevant positions and circumstances of the appellant
and the respondent (and of the successful and unsuccessful parties); and
(iii)
the nature of the question in dispute and whether the
proceedings have a broader impact than simply inter-parte proceedings between
individual parties,
and may take into account such other matters as the Court thinks fit to ensure
a just outcome in the circumstances of the case.
(3) This section does
not apply in relation to a claim under section 10.