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FAIR WORK ACT 2009 - SECT 298

Special rule about retrospective variations of national minimum wage orders

Application of this section

             (1)  This section applies if a determination varying a national minimum wage order has a retrospective effect because it comes into operation under subsection 297(2) on a day before the day on which the determination is made.

No creation of liability to pay pecuniary penalty for past conduct

             (2)  If:

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

                     (b)  but for the retrospective effect of the determination, the conduct would not have contravened a term of the national minimum wage order or an enterprise agreement;

a court must not order the 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 the national minimum wage order or enterprise agreement.

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

Note 2:       A determination varying a national minimum wage order could result in a contravention of a term of an enterprise agreement because of the effect of subsection 206(4).



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