Introduction
‘Zombie agreement’ is the name given to certain agreements made before the Fair Work Act 2009 commenced (or fully commenced) and that continue to operate.
Content
They could be:
- Agreement-based transitional instruments
- Division 2B State employment agreements
- Enterprise agreements made during the bridging period (1 July 2009 to 31 December 2009)
Agreement-based transitional instruments
Before the start of the Fair Work Act, several types of agreements were in place.
These agreements were either made:
- collectively between employer(s) and a group of employees, or
- individually between an employer and an employee.
Collective agreement-based transitional instruments are:
- collective agreements
- workplace determinations
- preserved collective State agreements
- pre-reform certified agreements
- old IR agreements
- section 170MX awards
Individual agreement-based transitional instruments are:
- individual transitional employment agreements (ITEAs)
- preserved individual State agreements
- Australian Workplace Agreements (AWAs)
- pre-reform Australian Workplace Agreements
See Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
Division 2B State employment agreements
Before 1 January 2010, states had different awards and agreements. Division 2B State employment agreements are based on those awards and agreements. These agreements were either made:
• collectively between employer(s) and a group of employees OR
• individually between an employer and an employee.
See Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
Enterprise agreements made during the bridging period
Between 1 July 2009 and 31 December 2009 some agreements were made under the Fair Work Act and had to pass the ‘no disadvantage' test. These agreements were made collectively between employer(s) and a group of employees.
See Schedule 7 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.