South Australian Consolidated Acts

FAIR WORK ACT 1994 - SECT 209

209—Stay of operation of determination

        (1)         When an appeal is brought against a determination or part of a determination, the Full Commission may, on terms and conditions it considers appropriate, stay the operation of the whole or any specified part or parts of the determination until the appeal is decided or until further order of the Commission.

        (2)         If a determination or enterprise agreement was in existence before the determination under appeal was made, the Full Commission may, on staying the operation of the latter determination, restore the comparable provisions of the earlier determination or enterprise agreement and may, if necessary, modify any of the provisions until the appeal has been decided, and if the appeal is dismissed, the provisions of the determination under appeal operate retrospectively from when they would have operated but for the stay.

        (3)         If no determination or enterprise agreement existed before the determination under appeal was made, or no comparable provisions appeared in a determination or enterprise agreement that was in existence before the determination under appeal, the Full Commission may, as well as granting a stay, make an interim determination dealing with the matters under appeal, and, if the appeal is dismissed, the provisions of the determination under appeal operate retrospectively from when they would have operated but for the stay.

        (4)         The above powers of the Full Commission may be exercised on behalf of the Full Commission by any of its members.