What to do if you have a zombie agreement

If your zombie agreement no longer covers anyone, you don’t have to do anything. 

If your zombie agreement covers employees, employers need to give employees a written notice.

You can apply to extend a zombie agreement in certain circumstances.

Giving employees a written notice 

Employers covered by a zombie agreement must notify any covered employees in writing that the agreement will be terminated. You must do this by 6 June 2023.

The written notice must tell the employee that:

• the employee is covered by a zombie agreement and
• that the zombie agreement will terminate on 7 December 2023 unless an extension application is made to extend the default period and
• this sunsetting process commenced on 7 December 2022.

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.