Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 227E

Application of this section

  (1)   This section applies if an amendment of an enterprise agreement made under paragraph   227B(3)(b) has a retrospective effect because it comes into operation on a day before the day on which the amendment is made.

No creation of liability to pay pecuniary penalty for past conduct

  (2)   If:

  (a)   a person engaged in conduct before the amendment was made; and

  (b)   but for the retrospective effect of the amendment, the conduct would not have contravened a term of the enterprise agreement;

a court must not order a person to pay a pecuniary penalty under Division   2 of Part   4 - 1 in relation to the conduct, on the grounds that the conduct contravened a term of an enterprise agreement.

Note:   This section does not affect the powers of a court to make other kinds of orders under Division   2 of Part   4 - 1.