Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979 - SECT 39

39 .         Date of operation of award

        (1)         An award comes into operation on the day on which it is delivered or on such later date as the Commission determines and declares when delivering the award.

        (2)         Subject to subsection (3), the provisions of an award have effect on such day or days as is or are, respectively, specified in the award.

        (3)         The Commission may, by its award, give retrospective effect to the whole or any part of the award — 

            (a)         if and to the extent that the parties to the award so agree; or

            (b)         if, in the opinion of the Commission, there are special circumstances which make it fair and right so to do,

                but in a case to which paragraph (b) applies, not beyond the date upon which the application leading to the making of the award was lodged in the Commission.

        (4)         For the purpose of subsection (3), an award or a provision of it has retrospective effect if and only if it has effect from a date earlier than the day on which the award is delivered.