We have published a list of the pre-2010 agreements we have records for, that might continue to operate today (possible ‘zombie agreements’).
This list does not include any individual agreements (for example, ITEAs and AWAs).
This list does include the agreement-based transitional instruments, Division 2B State employment agreements and enterprise agreements made during the bridging period, that we have records of and that have not been terminated by the Commission. It includes both:
- pre-2010 agreements that will already have ceased to operate because they have been replaced by an enterprise agreement or have otherwise ceased to cover any employees (and so are not ‘zombie agreements’), and
- pre-2010 agreements that are still in operation (and so are ‘zombie agreements’).
This list is not a complete list of pre-2010 agreements. We do not have any records of individual agreements and we do not have complete records of all of the other types of pre-2010 agreements.
An agreement on this list that is still in operation, will automatically terminate (or ‘sunset’) at the end of the ‘default period’ on 7 December 2023, unless before 7 December 2023 an application is made to the Commission to extend the default period for the agreement.
The list includes pre-2010 agreements that are not ‘zombie agreements’ because they have already ceased to operate.
Download our list of pre-2010 agreements (possible ‘zombie agreements’)
We will update the list each week with information about pre-2010 agreements that have their default period extended or have an extension application pending, and to remove any that have been terminated.
We are continually reviewing the list to make sure it is as comprehensive as possible.
Unauthorised contact about pre-2010 agreements
We are aware of some agents contacting people about pre-2010 (zombie) agreements. See Unauthorised contact about pre-2010 agreeements for more information.
Agreements wholly replaced or otherwise ceasing to cover any employees
We will not generally know if a pre-2010 agreement has been wholly replaced or has otherwise ceased to cover anyone. Consequently, we can’t remove such agreements from our list.
If you are an employer and you see an agreement on our list that has been wholly replaced or has otherwise ceased to cover anyone, you don’t have to do anything.
Agreements registered by other authorities
We don’t have records for many of the agreements that were registered by other authorities. For example, we don’t have records of any individual agreements and we have copies of only some ‘collective agreements’ made under the Workplace Relations Act 1996 from 2006 to 2009.
Finding a copy of your pre-2010 agreement
Use our Document search to find a copy of any pre-2010 agreements we have a record of.
Visit the Agreements made before 1 January 2010 page on the Fair Work Ombudsman’s website for information on how to access Australian Workplace Agreements (AWAs) and Individual Transitional Employment Agreement (ITEAs).
If you are an employee, your employer should have a copy.