FAIR WORK ACT 2009 - SECT 298 Special rule about retrospective variations of national minimum wage orders

FAIR WORK ACT 2009 - SECT 298

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).