FAIR WORK ACT 1994 - SECT 92

FAIR WORK ACT 1994 - SECT 92

92—Retrospectivity

        (1)         An award of SAET has, if it so provides, retrospective operation.

        (2)         However, an award cannot operate retrospectively from a day antecedent to the day on which the application for the award was lodged with SAET unless—

            (a)         the date of operation is fixed by consent of all parties to the proceedings; or

            (b)         there is a nexus between the award and—

                  (i)         another award of SAET; or

                  (ii)         a fair work instrument under the Commonwealth Act,

and, in view of the nexus, it is imperative that there should be common dates of operation; or

            (c)         the award gives effect, in whole or part and with or without modification, to principles, guidelines or conditions relating to remuneration enunciated or laid down in, or attached to, a relevant decision or determination of the Fair Work Commission and there are reasons of exceptional cogency for giving it a retrospective operation.