Document Chunk
This text chunk contains following information extracted through processing and enrichment.
Section : Application of this section
Domain : Human Resource Management
Classification : Not Identified
Text Content
(b) but for the retrospective effect of the determination, the conduct would not have contravened a term of the modern award 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 modern award 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 modern award could result in a contravention of a term of an enterprise agreement because of the effect of subsection 206(2).