Clause 19

in subsection (2)(b), after “Part 2”, insert “of this Act or Division 2 of Part 7A of the Workplace Fairness Act 2025”;

in subsection (2)(b), after “specified employment dispute”, insert “or workplace fairness dispute”;

after subsection (5), insert —“(5A) The amount of money that a tribunal orders to be paid to a party under subsection (1)(a) in an action for discrimination must not exceed the prescribed claim limit in section 12A(7) that is applicable to the party.”;

replace subsection (8) with —“(8) A tribunal may, instead of determining a claim by making an order under subsection (1), with or without the consent of the parties —

if the claim arose from a mediation under Part 2 — refer any specified employment dispute for which the claim is lodged for mediation under that Part;

if the claim arose from a mediation under Division 2 of Part 7A of the Workplace Fairness Act 2025 — refer any workplace fairness dispute for which the claim is lodged for mediation under that Division; or

if the claim arose from a tripartite mediation conducted by an approved mediator — refer any specified employment dispute or workplace fairness dispute for which the claim is lodged for tripartite mediation to be conducted by an approved mediator.”; and

in subsection (9), delete “under Part 2”.