Extending a zombie agreement

You can apply to extend the default period for a zombie agreement if you are:

• an employer covered by the zombie agreement
• an employee covered by the zombie agreement
• an industrial association that is entitled to represent the industrial interests of one or more of the employees covered by the zombie agreement.

You must apply for an extension on or before 6 December 2023. 

If you have already been granted an extension to extend the default period beyond 6 December 2023, you can apply for a further extension. This must be done before the date your agreement is due to sunset.

You can make as many extension applications as you like provided the zombie agreement has not yet terminated. 

The Commission can extend the default period for up to 4 years. 

You must include a copy of the zombie agreement with your extension application. 

Your application must specify whether bargaining is occurring for a new agreement or whether the employee/s are better off overall if the zombie agreement continued to apply than if the relevant modern award applied.

To apply for an extension of the default period, use Form F1 – Application (no specific form provided).

We must extend the default period if we're satisfied that:

• 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 substantially the same group), 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.

See Item 20A of Schedule 3, Part 3, Item 26A of Schedule 3A, Part 3 and Item 30 of Schedule 7, Part 8, of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.