The Court refused to transfer a Fair Work small claims proceeding to the Federal Court, holding that the Union's election of the small claims procedure under s.548 of the Fair Work Act was validly made and that the statutory criteria were met notwithstanding the respondent's contention that the claim was in substance a test case affecting multiple employees with aggregate claims of approximately $1,000,000. The Court observed but did not resolve the question of whether there is strictly power to transfer a small claims proceeding to the Federal Court, noting it was at least conceivable that the Federal Court could adopt the relaxed procedural regime upon transfer. On the transfer factors, the absence of associated Federal Court proceedings, no suggestion of earlier hearing in the Federal Court, the applicant's valid statutory election, and the typically no-costs nature of the small claims jurisdiction weighed against transfer.
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