After section 155 insert:
Division 4A—Conciliation conferences
155A—Application of Division
This Division applies to proceedings founded on—
(a) a
monetary claim;
(b) a
claim for relief against unfair dismissal.
155B—Conciliation conference
(1) Before the Court
or the Commission hears proceedings to which this Division applies, a
conference of the parties must be held for the purpose of exploring—
(a) the
possibility of resolving the matters at issue by conciliation and ensuring
that the parties are fully informed of the possible consequences of taking the
proceedings further; and
(b) if
the proceedings are to progress further and the parties are involved in 2 or
more sets of proceedings under this Act—the possibility of hearing and
determining some or all of the proceedings concurrently.
(2) Any member of the
Court or Commission may preside at a conference under subsection (1) unless
the parties are in a remote part of the State, in which case the President may
authorise a stipendiary magistrate to call and preside at the conference.
(3) The person
presiding at the conference (the presiding officer) must, not more than 3
business days after the conclusion of the conference—
(a) give
the parties a preliminary assessment of the merits of the claim (or, if there
is more than 1 claim, of each claim) and any defence to the claim (or claims);
and
(b)
recommend to the parties how best to proceed to resolution of the questions in
issue between them (or, if in the presiding officer's opinion the application
patently lacks merit, recommend that the claim be withdrawn).
(4) If a claim is not
resolved by conciliation or withdrawn, it will be set down for hearing before
the Court or Commission (as the case requires).