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Section : 548 Plaintiffs may choose small claims procedure
Domain : Human Resource Management
Classification : Not Identified
Text Content
(1) Proceedings are 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 Magistrates Court; and (b) the order relates to an amount referred to in subsection (1A); and (c) the person 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. (1A) The amounts are as follows: (a) an amount that an employer was required to pay to, or on behalf of, an employee: (i) under this Act or a fair work instrument; or (ii) because of a safety net contractual entitlement; or (iii) because of an entitlement of the employee arising under subsection 542(1); (b) an amount that an outworker entity was required to pay to, or on behalf of, an outworker under a modern award.