Fair Work Commission|2025-09-26

For the reasons I outline above, I decline to exercise my discretion to award costs in favour of the RSL and Mr Graham in this matter. The costs application is dismissed. I Order accordingly.

[2] Matthew Gugiatti v SolarisCare Foundation Ltd [2016] FWCFB 2478 at [61].

[3] Roy Morgan Research Ltd v Baker [2014] FWCFB 1175, [21] - [23].

[6] see Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257, cited with approval in Church at [30]

[7] Keep v Performance Automobiles Pty Ltd [2015] FWCFB 1956 at [17].

[8] Baker v Salva Resources Pty Ltd [2011] FWAFB 4014 at [10].

[9] The Trustee for the Delmont Hospital Unit Trust v Barbara Wielechowska [2025] FWC 498 at [8] and [13].

Printed by authority of the Commonwealth Government Printer

Tewantin Noosa RSL & Citizens Memorial Club, Kevin Graham v Michael Sue See [2025] FWC 2268 (26 September 2025)

[8] Section 375B of the Act is expressed in nearly identical terms to s.400A, which applies to unfair dismissal applications. In Matthew Gugiatti v SolarisCare Foundation Ltd [2016] FWCFB 2478, the Full Bench stated that s.400A 'is concerned with unreasonable acts or omissions in connection with the "conduct or continuation" of a matter already instituted, not with whether it was reasonable to have instituted a matter in the first place."[2] A warning provided to a party about the prospects of their case may be relevant to the assessment of whether the continuation of a matter was reasonable.[3]

[12] In Baker v Salva Resources Pty Ltd [2011] FWAFB 4014 at [10], the Full Bench noted the following:

[13] In The Trustee for the Delmont Hospital Unit Trust v Barbara Wielechowska [2025] FWC 498 ('Delmont Hospital Unit Trust'), Deputy President Colman stated:

Tewantin Noosa RSL & Citizens Memorial Club, Kevin Graham v Michael Sue See [2025] FWC 2268

At a glance

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Judgment (9 paragraphs)

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Legislation Cited (2)

Cases Cited (5)

Tewantin Noosa RSL & Citizens Memorial Club, Kevin Graham v Michael Sue See [2025] FWC 2268 (26 September 2025)