Certain types of registered agreements made before 1 January 2010 that were still in operation have automatically terminated (sunsetted). These agreements were commonly known as ‘zombie agreements’.
From 7 December 2023, if your ‘zombie agreement’ terminated, it no longer covers you and has ceased to operate. It is important to find out what legal minimum pay and conditions now apply. They may now be set by a modern award, or by an enterprise agreement that covers you (if there’s one in place).
- Find out which modern award would apply by using the Fair Work Ombudsman’s Find my award tool.
- Learn about how to make a new enterprise agreement on our website.
If you’re not sure if your ‘zombie agreement’ terminated, you should seek independent advice. Contact your union or employer organisation, or find out where to get legal help.
Employers or employees who did not want their agreement to terminate were able to make an application to the Commission before 7 December 2023 to extend the default period for their ‘zombie agreement’.
‘Zombie agreements’ that have been extended by the Commission have not terminated. They will continue to operate until the date specified in the Commission’s decision, and may be further extended.
‘Zombie agreements’ that are the subject of an application for extension that had not been decided by 7 December 2023 also remain in operation until the application is determined, and will continue to operate if an extension is granted.
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