Section 227E — Fair Work Act 2009: 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.