Section 49 — Fair Work Act 2009: When a modern award is in operation

When a modern award comes into operation (1) A modern award comes into operation: (a) on 1 July in the next financial year after it is made; or (b) if it is made on 1 July in a financial year—on that day. (2) However, if the FWC specifies another day as the day on which the modern award comes into operation, it comes into operation on that other day. The FWC must not specify another day unless it is satisfied that it is appropriate to do so. (3) The specified day must not be earlier than the day on which the modern award is made. Note: For when a State reference public sector modern award comes into operation, see section 168J. When a determination revoking a modern award comes into operation (4) A determination revoking a modern award comes into operation on the day specified in the determination. (5) The specified day must not be earlier than the day on which the determination is made. Modern awards and revocation determinations take effect from first full pay period (6) A modern award, or a determination revoking a modern award, 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 award or determination comes into operation. Modern awards operate until revoked (7) A modern award continues in operation until it is revoked.