Section 286 — Fair Work Act 2009: When annual wage review determinations varying modern awards come into operation

Determinations generally come into operation on 1 July (1) A determination (a variation determination) varying one or more modern awards to set, vary or revoke modern award minimum wages that is made in an annual wage review comes into operation on 1 July in the next financial year. Later operation of determinations in exceptional circumstances (2) If the FWC is satisfied that there are exceptional circumstances justifying why a variation determination should not come into operation until a later day, the FWC may specify that later day as the day on which it comes into operation. However, the determination must be limited just to the particular situation to which the exceptional circumstances relate. Note: This may mean that the FWC needs to make more than one determination, if different circumstances apply to different employees. (3) If a later day is so specified, the variation determination comes into operation on that later day. Effect of determinations cannot be deferred (4) The FWC cannot provide for the effect of a variation determination on modern award minimum wages to be deferred to a day that is later than the day on which the determination comes into operation. Determinations take effect from first full pay period (5) A variation 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 the day the determination comes into operation.