Fair Work Ombudsman v Austrend International Pty Ltd [2018] FCA 171

PRACTICE AND PROCEDURE – summary judgment application – whether the applicant has no reasonable prospect of successfully prosecuting the proceeding or part of the proceeding INDUSTRIAL LAW – adverse action – whether a former employee of the first respondent was constructively dismissed through the respondents’ conduct or course of conduct – consideration of requirements of constructive dismissal claim – Fair Work Act 2009 (Cth) (‘FW Act’) s 351 COSTS – whether costs should be awarded in a matter arising under the FW Act pursuant to s 570 – whether the claim has no real prospects of success – consideration of the Court’s discretion to award costs other than on a party and party basis – whether applicant should pay the respondents’ costs on an indemnity basis Held: application allowed with costs.