Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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
(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.