227ENo creation of liability to pay pecuniary penalty for past conduct

227E  No creation of liability to pay pecuniary penalty for past conduct  (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  (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. Division 8—FWC’s general role in facilitating bargaining Subdivision A—Bargaining orders