Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:4:p26
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 4 (pt 26/32)
Character Range: 112942–115657

conference or hearing; or
 (ii) if the application has, at or before that time, been listed for a conciliation, conference or hearing, on a specified date or dates—the discontinuance occurs at least 2 days before that date or the earlier of those dates.

3.08  Schedule of costs
 (1) For subsection 403(1) of the Act, the schedule of costs set out in Schedule 3.1 is prescribed.
Note 1: Under subsection 403(2) of the Act, in awarding costs, the FWC is not limited to the items of expenditure mentioned in Schedule 3.1. However, if an item of expenditure is mentioned in Schedule 3.1, the FWC must not award costs for that item at a rate or of an amount in excess of the rate or amount mentioned in Schedule 3.1 for that item.
Note 2: An application for an order for costs must be made in accordance with the procedural rules.
 (2) The FWC may allow the costs of briefing more than one counsel only if the FWC certifies that the attendance is necessary.
Note: It is likely that certification under subregulation (2) would occur only in relation to a very large or complex case.
 (3) If the FWC considers it appropriate, a charge in Schedule 3.1 that is applicable to a solicitor is applicable to a person who:
 (a) is not a solicitor; but
 (b) is mentioned in section 596 of the Act.
Note: Section 596 of the Act sets out who may represent a party to a proceeding before the FWC.
 (4) A bill of costs must identify, by an item number, each cost and disbursement claimed.
 (5) In exercising its discretion under item 1002 of Schedule 3.1, the FWC must have regard to commercial rates for copying and binding, and is not obliged to apply the photographic or machine‑made copy costs otherwise allowable in the Schedule.

Part 3‑3—Industrial action

Division 2—Protected industrial action

3.09  Purposes prescribed for continuity of employment when employer response action occurs
  For section 416A of the Act, the following purposes are prescribed:
 (a) superannuation;
 (b) remuneration and promotion, as affected by seniority;
 (c) any entitlements under the National Employment Standards.
Note: Section 416A of the Act deals with employer response action. Under the section, employer response action for a proposed enterprise agreement does not affect the continuity of employment of the employees who will be covered by the agreement for such purposes as are prescribed by the regulations.

Division 6—Suspension or termination of protected industrial action by the FWC

3.10  Persons who can apply for an order to suspend or terminate protected industrial action
  For subparagraph 424(2)(b)(iii) of the Act, the following persons may apply for an order suspending or terminating protected industrial action for