Document ID: chunk:federal_register_of_legislation:C2024A00085:section:60:p2
Version: federal_register_of_legislation:C2024A00085
Segment Type: section
Provision Reference: s 60 (pt 2/2)
Character Range: 79062–80889

not be earlier than the day on which the determination is made).

Breach of determination
 (7) An employer contravenes this subsection if:
 (a) the employer is subject to a determination under subsection (5); and
 (b) the employer breaches the determination.
Civil penalty: 600 penalty units.

Application of Fair Work Act 2009
 (8) Subject to this section, section 578 and Division 3 of Part 5‑1 of the Fair Work Act 2009 apply in relation to the making of a determination, and to a determination made, under this section in a corresponding way to the way in which they apply in relation to the making of a decision, and to a decision made, under that Act.
Note: Subsection (8) has the effect, for example, that:
(a) the matters under section 578 of that Act must be taken into account in making a determination under this section; and
(b) publication requirements under section 601 of that Act apply to a determination made under this section; and
(c) under section 603 of that Act, the Fair Work Commission may vary or revoke a determination made under this section; and
(d) under section 604 of that Act, a person may appeal a determination made under this section.
 (9) Subsection (4) does not limit section 590 of the Fair Work Act 2009 (about powers of the Fair Work Commission to inform itself).
 (10) Subsection (8) does not, by implication, limit the application of any provision of the Fair Work Act 2009, not referred to in that subsection, in relation to this Part.

Relationship with section 62
 (11) Section 62, to the extent that it relates to section 59, does not apply to a closing employer or dependent employer in relation to a community of interest determination while a determination under subsection (5) of this section is in force in relation to the employer and the community of interest determination.