Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 165

When variation determinations come into operation, other than determinations setting, varying or revoking modern award minimum wages

Determinations come into operation on specified day

             (1)  A determination under this Part that varies a modern award (other than a determination that sets, varies or revokes modern award minimum wages) comes into operation on the day specified in the determination.

Note 1:       For when a modern award, or a revocation of a modern award, comes into operation, see section 49.

Note:          For when a determination under this Part setting, varying or revoking modern award minimum wages comes into operation, see section 166.

             (2)  The specified day must not be earlier than the day on which the determination is made, unless:

                     (a)  the determination is made under section 160 (which deals with variation to remove ambiguities or correct errors); and

                     (b)  the FWC is satisfied that there are exceptional circumstances that justify specifying an earlier day.

Determinations take effect from first full pay period

             (3)  The determination does not take effect in relation to a particular employee until the start of the employee's first full pay period that starts on or after the day the determination comes into operation.



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