When is the deadline for limitation period for civil remedy applications under the fair work act?
The catalogue records a 6 years period from The day on which the contravention occurred. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 years
- Trigger
- The day on which the contravention occurred
- Counting
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- None expressed in s 544. The words 'only if the application is made within 6 years' operate as a condition on the right to apply, not as a procedural time limit susceptible to extension. Do not offer an extension.
- Applies to underpayment and civil penalty proceedings in the Federal Court under Div 2 of Part 4-1. Note 1 to s 544 expressly carves out general protections court applications, sexual harassment court applications and unlawful termination court applications, which are governed by the far shorter periods in ss 370(a)(ii), 527T(1)(a)(ii) and 778(a)(ii) respectively - conflating them is a common and fatal error. Note 2 refers to s 545(5) for time limits on orders relating to underpayments. Counted under Acts Interpretation Act 1901 (Cth) s 36.