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senate vote 2021-03-18#11
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mackay staff
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2021-05-07 08:53:18
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Title
Bills — Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021; in Committee- Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021 - in Committee - Compliance and enforcement
Description
<p class="speaker">Sue Lines</p><p>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.</p><p>Question negatived.</p>- The majority voted in favour of [Government amendments (1) to (8)](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6653_amend_98946f9f-5a6c-4b1a-b241-78f861da66bf%22;rec=0), which relate to compliance and enforcement and the small claims procedure.
- Learn more about what this bill does in its [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2021a/21bd053).
<p class="italic">The CHAIR: The question is that amendments (1) to (8) on sheet PX114 be agreed to.</p><p class="italic"> <i>Government's circulated amendments—</i></p><p class="italic">(1) Title, page 1 (lines 10 and 11), omit "and the <i>Fair Work (Transitional Provisions and Consequential Amendments) Act 2009</i>".</p><p class="italic">(2) Clause 2, page 2 (table item 2), omit the table item, substitute:</p><p class="italic">(3) Clause 2, page 2 (table items 3 and 4), omit the table items.</p><p class="italic">(4) Clause 2, page 2 (table item 5), omit the table item.</p><p class="italic">(5) Clause 2, page 2 (table items 10 to 14) to page 3 (table items 15 and 16), omit the table items.</p><p class="italic">(6) Clause 2, page 3 (table item 17), omit the table item.</p><p class="italic">(7) Clause 2, page 3 (table item 19), omit the table item.</p><p class="italic">(8) Schedule 1, page 19 (after line 14), at the end of the Schedule, add:</p><p class="italic">Part 3—Small claims procedure</p><p class="italic"><i>Fair Work Act 2009</i></p><p class="italic">23 Section 12</p><p class="italic">Insert:</p><p class="italic"><i>small claims proceedings</i> means proceedings dealt with as small claims proceedings under section 548.</p><p class="italic">24 After subsection 548(1A)</p><p class="italic">Insert:</p><p class="italic">(1B) Proceedings are also to be dealt with as small claims proceedings under this section if:</p><p class="italic">(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:</p><p class="italic">(i) whether a casual employee meets the requirements of either or both of paragraphs 66B(1)(a) and (b);</p><p class="italic">(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;</p><p class="italic">(iii) whether a casual employee may make a request of an employer to convert to full-time or part-time employment under section 66F;</p><p class="italic">(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</p><p class="italic">(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.</p><p class="italic">Note: Orders that a court may make under Division 2 in relation to small claims proceedings may include the following:</p><p class="italic">(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);</p><p class="italic">(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);</p><p class="italic">(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.</p><p class="italic">25 Subsection 548(1B)</p><p class="italic">Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)".</p>
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