New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 15

15 Commencement of award

(1) An award comes into force on the date specified by the Commission.

(2) However, legal proceedings relating to the enforcement of the award cannot be commenced until the expiration of 7 days after the day on which it is published on the NSW industrial relations website.

(3) An award may be expressed to apply retrospectively, but not earlier than the date on which--

(a) application for the award was lodged with the Industrial Registrar, or

(b) the Commission itself initiated proceedings for the award, or

(c) the industrial dispute giving rise to the award was notified to the Commission.

(4) Despite subsection (3), the following awards may, with the consent of the parties to the making of the award, apply retrospectively from a date, specified in the award, that is earlier than any date referred to in that subsection--

(a) an award that sets conditions of employment in connection with a project,

(b) an award that sets conditions of employment for employees of a single employer or for employees of two or more associated employers.

Note : Section 190 enables the Full Bench or the Chief Commissioner to stay the operation of the whole or any part of an award for the purposes of appeal pending determination of the appeal or further order of the Commission.