When variation takes effect
148 When variation takes effect
This section applies to an order varying a modern award.
The order takes effect on the day stated in the order.
The stated day must not be earlier than the day on which the order is made, unless—
the variation removes an ambiguity or uncertainty or corrects an error; and
the commission is satisfied exceptional circumstances justify stating an earlier day; and
the order does not adversely affect an employee.
The order 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 order takes effect under subsection (2).
The retrospective operation of the order does not affect the validity of an approval, given by the commission before the order was made, of an application under chapter 4 to certify or amend a certified agreement.
A person can not be punished for contravening the modern award or a certified agreement before the order was made if, but for the retrospective operation of the order, the conduct would not have contravened the modern award or certified agreement.
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