Document ID: chunk:federal_register_of_legislation:C2021A00025:clause:1_24
Version: federal_register_of_legislation:C2021A00025
Segment Type: clause
Provision Reference: sch 1 cl 24
Character Range: 30212–32187

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.