Termination of ‘zombie agreements’

Most remaining agreements made before 2010 (zombie agreements) automatically terminate on 7 December 2023.

All remaining zombie agreements that are still in operation on 6 December 2023 automatically terminate on 7 December 2023 unless:

• an application was made to the Fair Work Commission (the Commission) to extend the operation of the agreement
• the Commission:
• granted an extension, or
• had not made a decision about the extension application before 7 December.

Zombie agreements are certain kinds of pre-2010 registered agreements, such as:

• certified agreements
• collective agreements
• Australian workplace agreements (AWAs)
• individual transitional employment agreements (ITEAs)
• certain collective and individual agreements that were registered under state laws
• enterprise agreements made by the Commission between 1 July 2009 and 31 December 2009.

If your zombie agreement terminates

If an extension application isn’t made or the Commission refuses to grant an extension, the agreement terminates on 7 December 2023. This means that the minimum pay and conditions for employees covered by that agreement may now be set by:

• an award, or
• another registered agreement that applies to the employees.

A new registered agreement needs to be negotiated and approved by the Commission to take effect.