Most remaining agreements made before 2010 (zombie agreements) automatically terminate on 7 December 2023.
All remaining zombie agreements that are still in operation on 6 December 2023 automatically terminate on 7 December 2023 unless:
- an application was made to the Fair Work Commission (the Commission) to extend the operation of the agreement
- the Commission:
- granted an extension, or
- had not made a decision about the extension application before 7 December.
Zombie agreements are certain kinds of pre-2010 registered agreements, such as:
- certified agreements
- collective agreements
- Australian workplace agreements (AWAs)
- individual transitional employment agreements (ITEAs)
- certain collective and individual agreements that were registered under state laws
- enterprise agreements made by the Commission between 1 July 2009 and 31 December 2009.
If your zombie agreement terminates
If an extension application isn’t made or the Commission refuses to grant an extension, the agreement terminates on 7 December 2023. This means that the minimum pay and conditions for employees covered by that agreement may now be set by:
- an award, or
- another registered agreement that applies to the employees.
A new registered agreement needs to be negotiated and approved by the Commission to take effect.
