David Milner v Marthakal Homelands and Resource Centre Aboriginal Corporation T/A Marthakal Homelands Resource Centre Inc

[2016] FWC 4716

[2016] FWC 4716

The attached document replaces the document previously issued with the above code on 14 July 2016.

The date “14 June 2016” appearing in the preamble has been replaced with “14 July 2016”.

Lisa Powell

Associate to Commissioner Bissett

Dated: 15 July 2016

[2016] FWC 4716

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal
s.611—Costs

David Milner
v
Marthakal Homelands and Resource Centre Aboriginal Corporation T/A Marthakal Homelands Resource Centre Inc
(U2015/16863)

COMMISSIONER BISSETT MELBOURNE, 14 JULY 2016

Application for costs.

[1] On 1 July 2016 the Commission issued a decision 1 with respect to a costs application by Marthakal Homelands and Resource Centre Aboriginal Corporation T/A Marthakal Homelands resource Centre Inc (Marthakal) in which I decided:

[15] Taking all of these matters into account, I have decided to make an award of costs to Marthakal. These costs will, however, be only those incurred from 23 March 2016, the date the settlement proposal was put to Mr Milner. I find his conduct post this date particularly egregious. He has had no mind as to the right course of action to take and has ploughed on with an unclear purpose, regardless of the cost to the parties.

[16] I note that Mr Grove, for Mr Milner, says that he has not had an opportunity to peruse the proposed costs breakdown. This appears to be another attempt by him to find a matter to further delay and/or put Marthakal to more costs. Marthakal attached to its application for costs an itemised schedule of costs in accordance with the Fair Work Regulations 2009.

[17] Mr Milner will have seven days from the date of this decision to indicate if he considers any of the itemised amounts post 23 March 2016 to be in error. On receipt of any reply and pending the need for some reply from Marthakal, an order for costs will be issued.

[2] No response was received from Mr Milner in accordance with the invitation in the decision.

[3] On 14 July 2016, not having received any objection from Mr Milner, Marthakal provided an amended schedule of costs to reflect my decision pressing for an order of $9098.53.

[4] I have considered the amended schedule of costs and am satisfied that it properly reflects the decision if 1 July 2016.

[5] An order 2 reflecting the amount of $9098.53 will issue with this decision.

COMMISSIONER

 1   [2016] FWC 4003.

 2   PR582788.

Printed by authority of the Commonwealth Government Printer

<Price code C, PR582784>