Sue Lines (WA, Deputy-President) Share this | Hansard source

I now move to the second part of the question, which was asked to be split. The question is that divisions 3, 4, 6 and 7 of schedule 7 and items 2 and 3 of schedule 7 stand as printed.

Question negatived.

The CHAIR: The question is that amendments (1) to (8) on sheet PX114 be agreed to.

Government's circulated amendments—

(1) Title, page 1 (lines 10 and 11), omit "and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009".

(2) Clause 2, page 2 (table item 2), omit the table item, substitute:

(3) Clause 2, page 2 (table items 3 and 4), omit the table items.

(4) Clause 2, page 2 (table item 5), omit the table item.

(5) Clause 2, page 2 (table items 10 to 14) to page 3 (table items 15 and 16), omit the table items.

(6) Clause 2, page 3 (table item 17), omit the table item.

(7) Clause 2, page 3 (table item 19), omit the table item.

(8) Schedule 1, page 19 (after line 14), at the end of the Schedule, add:

Part 3—Small claims procedure

Fair Work Act 2009

23 Section 12

Insert:

small claims proceedings means proceedings dealt with as small claims proceedings under section 548.

24 After subsection 548(1A)

Insert:

(1B) Proceedings are also to be dealt with as small claims proceedings under this section if:

(a) a person applies for an order (other than a pecuniary penalty order) under Division 2 from a magistrates court or the Federal Circuit Court in connection with a dispute relating to one or more of the following matters:

(i) whether a casual employee meets the requirements of either or both of paragraphs 66B(1)(a) and (b);

(ii) whether an employer of a casual employee has reasonable grounds under section 66C not to make an offer to the employee to convert to full-time or part-time employment under section 66B;

(iii) whether a casual employee may make a request of an employer to convert to full-time or part-time employment under section 66F;

(iv) whether an employer of a casual employee has reasonable grounds under section 66H to refuse a request from the employee made under section 66F; and

(b) the person applying for the order indicates, in a manner prescribed by the regulations or by the rules of the court, that he or she wants the small claims procedure to apply to the proceedings.

Note: Orders that a court may make under Division 2 in relation to small claims proceedings may include the following:

(a) requiring an employer of a casual employee to consider whether the employer must make an offer under section 66B to convert the casual employee to part-time or full-time employment on the basis that the employee meets the requirements of paragraphs 66B(1)(a) and (b);

(b) requiring an employer of a casual employee to consider whether the employer must grant a request made under section 66F to convert the casual employee to part-time or full-time employment on the basis that the employee meets the requirements of subsection 66F(1);

(c) preventing an employer from relying on a particular ground under section 66C to not make such an offer, or a particular ground under section 66H to refuse such a request.

25 Subsection 548(1B)

Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".