Binstead v M.A. & B.M. Stone Contract Woodchippers and Hauliers [1999] QIRC 9 (1999) 160 QGIG 60

60 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 29 January, 1999 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1997 s. 218 - application for reinstatement - s. 225 - application for costs Jason Binstead AND M.A. & B.M. Stone Contract Woodchippers and Hauliers (No. B1630 of 1997) COMMISSIONER BALDWIN l5January 1998 Application for costs made by respondent Nothing malicious or vexatious Application dismissed. DECISION On 6 August, 1998 I released a decision (158 QGIG 490-492) refusing the Application for reinstatement. The respondent has subsequently applied for c:osts and I have received written :,,ubmissions from both pmties. Section 225( I) of the Workplace Relations Act 1997 states:- "The Commission may order a party to an application under section 218 to pay costs incurred by another party if satisfied the party- {a) made the application frivolously, vexatiously or without reasonable cause; or (b) caused costs to be incurred by the other party because of an unrea'>onable act or omission connected with the conduct of the application.". The Commission is satisfied that Mr Binstcad and his representative, Mrs Binstead, believed that their case was arguable. I agree with the applicant's submission that this claim was pursued without any malice or vexatiousness. There wa~ no element obvious in this case which would lead me to believe that the action taken by the applicant infringed upon s. 225 of the Workplace Relations Act 1997. On con:,,ideiation of submissions from both parties and all matters and factors that existed at the time of the dismissal, I do not believe an order for costs would be appropriate. The application is refused. D.B BALDWIN, Commissioner. Appearances:- • Mrs C. Binstead on behalf of the applicant. Released: 15 January I 999 • Mr FJ. Husband of the Queensla11d Chamber of Commerce and Industry, Industrial Organisation of Employers for the respondent. ##################################4{######################################################################################## 29 January, 1999 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 61 27974 -- 1 of 1 --