An application can be made to the Commission to extend the operation of a pre-2010 agreement (a ‘zombie agreement’) in certain circumstances. If the extension is granted, the agreement will terminate (or ‘sunset’) on the date specified in the Commission’s decision.
On this page:
Who can apply for an extension
You can apply to extend the default period for a pre-2010 agreement that is still in operation (a ‘zombie agreement’) if you are:
- an employer covered by the agreement
- an employee covered by the agreement, or
- an industrial association that is entitled to represent the industrial interests of one or more of the employees covered by the agreement.
How to apply for an extension
You must apply for an extension before 7 December 2023. The Commission can extend the default period for up to 4 years.
If you have already been granted an extension to the default period beyond 6 December 2023, you can apply for a further extension. You must apply before the end of the extended default period.
You can make as many extension applications as you like, provided the pre-2010 agreement has not yet terminated.
You must include a copy of the pre-2010 agreement with your extension application.
Your application should specify whether bargaining is occurring for a new enterprise agreement, or whether the employee(s) would be better off overall if the pre-2010 agreement continued to apply than if the relevant modern award applied.
To apply for an extension of the default period, use Form F81 – Apply to extend the default period for a zombie agreement.
When the Commission must approve the extension
Generally, the Commission must approve the extension if:
- it is reasonable in the circumstances to do so, or
- it is otherwise appropriate in the circumstances to extend the default period and one of the following applies:
- bargaining is occurring for a new enterprise agreement that would cover the employee or group of employees covered by the zombie agreement, or
- the employee or employees would be better off overall if the zombie agreement continued to apply to them than if the relevant modern award applied.
Applications to extend still pending at 7 December 2023
If you made an application for an extension before 7 December 2023 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).
Any decision will be taken to have been made immediately before 7 December 2023.
Extension application decisions
| FWCFB 227||Riverland Division of General Practice Inc T/A FocusOne Health||Riverland Division of General Practice Enterprise Bargaining Agreement 2009||30/11/2023||Extended|
| FWCFB 226||Cova Thinking Pty Ltd||Scientists, Engineers, Managers and Facilitators (SEMF Pty Ltd) Agreement 2006||30/11/2023||Extended|
| FWCFB 221||Able Australia Services||Able Australia Collective Agreement 2006-2009 and Melbourne Citymission Residential/Support Services Agreement 2007||23/11/2023||Extended|
| FWCFB 217||Kalfresh Management Services Pty Ltd & Kallium Management Services Pty Ltd as Trustee for the Kalium Labour Trust t/a Kalfresh Pty Ltd||Kalfresh Management Services Pty Ltd Collective Workplace Agreement 2007 & Kallium Management Services Pty Ltd Collective Workplace Agreement 2007||21/11/2023||Not extended|
| FWCFB 213||Australian Workers' Union, The||Brisbane Convention & Exhibition Centre Union Collective Agreement 2009||17/11/2023||Extended|
| FWCFB 212||Qualipac Farms Unit Trust Pty Ltd T/A Qualipac Farms Pty Ltd||Qualipac Farms Pty Ltd Employee Collective Agreement||17/11/2023||Not extended|
| FWCFB 210||Kirinari Community Services Ltd T/A Kirinari Community Services Ltd||Kirinari Community Services Limited -Northern New South Wales Certified Agreement 2006-2009 and the Kirinari Community Services Limited –Blue Mountains and Riverina Branches (Excluding Albury) Certified Agreements 2006-2009||13/11/2023||Not extended|
| FWCFB 203||S.C. Heinrich & Co Pty Ltd||SC Heinrich & Co Pty Ltd Heavy Vehicle and Construction &Maintenance Agreement 2009||10/11/2023||Not extended|
| FWCFB 208||Somerville Community Services||Somerville Community Services Inc Employee Collective Agreement 2008||9/11/2023||Extended|
| FWCFB 207||Coolangatta Tweed Tenpin Pty Ltd t/a Coolangatta Tweed Tenpin||Coolangatta Tweed Tenpin Pty Ltd Agreement||9/11/2023||Extended|
| FWCFB 206||Australian Municipal, Administrative, Clerical and Services Union||Villamanta Services Incorporated Agreement 2002||8/11/2023||Extended|
| FWCFB 199||Cancer Council Victoria T/A Cancer Council Victoria||Cancer Council of Victoria Collective Agreement 01/2006||31/10/2023||Extended|
| FWCFB 197||Australian Municipal, Administrative, Clerical and Services Union||Endeavour Foundation Union Collective Agreement 2009||27/10/2023||Extended|
| FWCFB 196||DW & JA Tilley PTY LTD||DW & JA Tilley Pty Ltd Transport Collective Agreement 2008||25/10/2023||Not extended|
| FWCFB 195||Quinn Transport Pty Ltd T/A Quinn Transport Pty Ltd||Quinn Transport Pty Ltd Transport Enterprise Agreement 2009||25/10/2023||Not extended|
| FWCFB 192||Ross Matthew Gibson||Ferro Corporation (Aust) Pty Limited Moorabbin Plant Enterprise Agreement 2006||20/10/2023||Extended|
| FWCFB 190||Health Services Union||Family Based Care Direct Care Worker Employee Collective Agreement 2009||17/10/2023||Extended|
| FWCFB 188||Australian Municipal, Administrative, Clerical and Services Union||P T Garuda Indonesia Ltd Union Collective Agreement 2007||17/10/2023||Extended|
| FWCFB 184||Pace Farming Pty Ltd T/A Pace Farming Pty Ltd||Pace Farming Pty Ltd Enterprise Agreement 2009||5/10/2023||Not extended|
| FWCFB 183||Bible College Of South Australia Inc T/A Bible College Sa||Bible College SA Enterprise Agreement 2009||5/10/2023||Not extended|
| FWCFB 175||Margaret Ellen McDonald||Australian Workplace Agreement between Margaret McDonald and Commonwealth Bank of Australia||22/09/2023||Extended|
| FWCFB 173||Payfam Enterprise Pty Ltd T/A Ravenshoe IGA Everyday||IGA Ravenshoe (QRTSA) Employee Collective Agreement 2007||21/09/2023||Not extended|
| FWCFB 166||The Trustee for the K.J. Family Trust & The Trustee for the W.J. Family Trust T/A Taylor Family Produce||Taylor Family Trust Certified Agreement||21/09/2023||Extended|
| FWCFB 163||233 Victoria Square Hotel Pty Ltd T/A Hilton Adelaide||Hilton Adelaide 2006 Certified Agreement||19/09/2023||Not extended|
| FWCFB 172||Drilled Foundations Contracting Pty Ltd and Piled Foundations Contracting Pty Ltd||Drilled Foundations Contracting Pty Ltd and CFMEU Collective Union Agreement 2007 and Piled Foundations Contracting Pty Ltd and CFMEU Collective Union Agreement 2007||18/09/2023||Not extended|
| FWCFB 171||Suncoast Cabs Ltd T/A Suncoast Cabs||Suncoast Cabs Customer Booking Service Centre Employee Collective Agreement||18/09/2023||Not extended|
| FWCFB 158||Health Services Union||Kirinari Community Services Limited Hume Riverina Branch - Certified Agreement 2006-2008||7/09/2023||Extended|
| FWCFB 146||Penny Lane SSC Pty Ltd t/a Allseasons Carpet Cleaning and Pest Control and Others||All Seasons Carpet Cleaning Collective Agreement 2009||23/08/2023||Not extended|
| FWCFB 169||Annecto Inc||Annecto and Health Services Union of |
Australia Certified Agreement 2004-2007
| FWCFB 137||Association of Professional Engineers, Scientists and Managers, Australia and Others||One HPA Certified Agreement 2004-2007, EDS People Agreement 2002 and Alcatel-Lucent Employment Partnership Agreement 2009||8/08/2023||Extended|
| FWCFB 132||Dilek Henderson||Australian Workplace Agreement between Dilek Henderson and Symphony Services Australia Limited||28/07/2023||Not extended|
| FWCFB 129||Patterson Enterprises Pty Ltd||Patterson Enterprises Pty Ltd Trades Employees (Tradesperson) Collective Agreement and the Patterson Enterprises Pty Ltd Employee Collective Agreement||26/07/2023||Not extended|
| FWCFB 126||Nine2Three Employment Solutions Pty Ltd t/a CIRCLE Recruitment & HR||Nine2Three Employment Solutions Pty Ltd Employee Collective Agreement 2007||17/07/2023||Extended|
| FWCFB 124||Tinmarl Pty Ltd atf R & M Patane Family Trust T/A North Queensland Golden Fruit||Tinmarl Enterprise Agreement 2009||12/07/2023||Extended|
| FWCFB 122||ISS Health Services Pty Ltd||Tempo Health Support Services Enterprise Agreement 2004||07/07/2023||Extended|
|[2023 FWCFB 120]||Northern Inland Credit Union Limited and K Beavan; Northern Inland Credit Union Limited and AL Clark||Australian Workplace Agreements (AWA)||06/07/2023||Not extended|
| FWCFB 105||Suncoast Scaffold Pty Ltd as trustee for The Warren Family Trust||Suncoast Scaffold Pty Ltd Employee Collective Agreement 2009||16/06/2023||Not extended|