# Can I get my union fees and travel costs back if I win my unfair dismissal case?

- Jurisdiction: Australia
- Practice area: Employment Law
- Published: 2026-10-22
- Last updated: 2026-10-22
- Canonical: https://lawasked.com/au/employment-law/can-i-get-my-union-fees-travel-costs

## Question

I am currently based in Melbourne, Victoria, and I am dealing with a messy situation regarding my former employment at a large retail chain. I was unexpectedly let go back in early February 2024, which I believe was completely unfair. After some initial hesitation, I decided to lodge a formal claim last month. Because I cannot afford a private solicitor, I have been working with my union representative to help me prepare my case and attend the hearings. During this whole process, I have incurred several expenses. I had to pay a specific fee to the union for their assistance in managing my dispute, which came to about $450, and I have also spent roughly $120 on petrol and parking for various meetings and the actual hearing last Tuesday. I have already tried talking to my former manager about a settlement, but they refused to cover any of my out-of-pocket costs. Now that the matter is heading towards a decision, I am really worried about the financial side of things. If the commission rules in my favour, am I actually allowed to ask for the money I spent on my union's help and my travel, or are those types of costs just not covered?

## Summary

It depends on whether the Fair Work Commission (FWC) decides to award costs and if your expenses are included in their official schedule. While you can ask for these costs, there is no automatic right to get your $450 union fee or $120 travel costs back just because you win your case.

## Analysis

In your unfair dismissal case against the retail chain, winning the case does not automatically mean you are reimbursed for your out-of-pocket expenses. Under the Fair Work Act 2009, the FWC has the power to award costs, but this is a specific legal process. 

Regarding your $450 union fee and $120 in travel costs, the law allows for certain expenses to be covered. Specifically, Section 781A states that "a schedule of costs may be prescribed in relation to items of expenditure likely to be incurred... including expenses arising from the representation of a party by a person or organisation other than on a legal professional basis" [cite:au-fair-work-2009-sec781a]. This means the law recognizes that people often use unions instead of lawyers, and there may be a list (a schedule) that says which of these costs can be recovered. 

However, there is a distinction between 'compensation' and 'costs.' When the FWC orders compensation for unfair dismissal, they focus on your lost wages and the impact of the dismissal [cite:au-fair-work-2009-sec392]. Compensation is meant to put you in the position you would have been in if you hadn't been fired, but it specifically excludes money for "shock, distress or humiliation" [cite:au-fair-work-2009-sec392]. 

Whether you actually receive your $570 total back depends on whether the FWC exercises its power to award costs under Section 611 (as referenced in the schedule rules) and whether your specific expenses match what is allowed in the prescribed schedule [cite:au-fair-work-2009-sec781a]. The law does not guarantee that a winning party will always get their travel or union fees reimbursed; it only provides the mechanism for the Commission to consider doing so.

## Statutory citations

- Fair Work Act 2009, Section 781A - Schedule of costs [in force] (https://www.legislation.gov.au/C2009A00028/latest/text)
  > A schedule of costs may be prescribed in relation to items of expenditure likely to be incurred... including expenses arising from the representation of a party by a person or organisation other than on a legal professional basis.
- Fair Work Act 2009, Section 392 - Remedy—compensation [in force] (https://www.legislation.gov.au/C2009A00028/latest/text)
  > The amount ordered by the FWC to be paid to a person under subsection (1) must not include a component by way of compensation for shock, distress or humiliation

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