FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 166 When variation determinations setting, varying or revoking modern award minimum wages come into operation

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 166

Determinations generally come into operation on 1 July

             (1)  A determination under this Part that sets, varies or revokes modern award minimum wages comes into operation:

                     (a)  on 1 July in the next financial year after it is made; or

                     (b)  if it is made on 1 July in a financial year--on that day.

Note:          Modern award minimum wages can also be set, varied or revoked by determinations made in annual wage reviews. For when those determinations come into operation, see section 286.

FWA may specify another day of operation if appropriate

             (2)  However, if FWA specifies another day in the determination as the day on which it comes into operation, the determination comes into operation on that other day. FWA must not specify another day unless it is satisfied that it is appropriate to do so.

             (3)  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)  FWA is satisfied that there are exceptional circumstances that justify specifying an earlier day.

Determinations may take effect in stages

             (4)  FWA may specify in the determination that changes to modern award minimum wages made by the determination take effect in stages if FWA is satisfied that it is appropriate to do so.

Determinations take effect from first full pay period

             (5)  A change to modern award minimum wages made by 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:

                     (a)  unless paragraph (b) applies--the day the determination comes into operation; or

                     (b)  if the determination takes effect in stages under subsection (4)--the day the change to modern award minimum wages is specified to take effect.