Introduction
These agreements will terminate soon unless extended. You should know what to do next or seek advice if you’re not sure.
Content
Agreements made before 2010 that continue to operate will terminate (‘sunset’) on 7 December 2023 unless the default period for the agreement is extended by the Commission.
If you have a pre-2010 agreement that continues to operate (a ‘zombie agreement’), it is important to know what to do next.
If a pre-2010 agreement no longer covers anyone, you don’t have to do anything.
A reminder for employers: Did you provide written notice to your affected employees before 6 June?
Content
If you and one or more of your employees are covered by a pre-2010 agreement, you were required to give written notice to those employees about the sunsetting of the agreement by 6 June 2023.
To find out more, download our Written notice requirement – Guide for employers.
If your pre-2010 agreement (‘zombie agreement’) terminates
When a pre-2010 agreement terminates, it ceases to operate. The minimum pay and conditions for employees covered by that agreement may then be set by a modern award, or an enterprise agreement that covers the employees (if you have an enterprise agreement in place).
To find out which modern award would apply, you can use the Fair Work Ombudsman’s Find my award tool.
You can learn more about how to make a new enterprise agreement.
You can apply to extend the default period
If you want to apply to the Commission to extend the default period for a pre-2010 agreement (‘zombie agreement’), you must do this before 7 December 2023.
Find out about extending a pre-2010 agreement ‘zombie agreement’.
If you’re not sure what to do next
If you’re not sure what to do, you should seek independent advice. Employers may seek advice from their employer organisation. Employees can contact their union. We also have information about where to find legal help.