No creation of liability to pay pecuniary penalty for past conduct
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.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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