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Zombie agreements have now sunsetted

07 Dec 2023

Certain agreements made before 2010 that were still in operation (zombie agreements) have now terminated (sunsetted) unless an application was made to the Fair Work Commission before today to extend its operation.

If you were covered by a zombie agreement

It is important to find out what legal minimum pay and conditions now apply. 

They may be set by a modern award, or by an enterprise agreement that covers the employer and employee (if there’s one in place).

If you have an extension application still pending

If you made an application for an extension before today that has not been decided, the Commission must still decide the application.

If the Commission decides to refuse the extension, the Commission must extend the default period until the later of:

  • the end of the day of the refusal decision, or
  • such later day specified in the refusal decision (that is not more than 14 days after the day the refusal decision is made).

Updates to our Document Search coming soon

We will soon be updating our Document Search so that pre-2010 agreements that no longer operate can be clearly identified.

This change impacts more than 100,000 documents. We expect that users will find the search function to be slower than usual while we implement this update. We know this will cause frustration for our users and we will do what we can to limit the impact.