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ARTICLE · 14 NOVEMBER 2023

One month until sunsetting of zombie agreements

What is a zombie agreement? What do I need to know? Extensions? Replacing with an enterprise agreement.

AustraliaEmployment and HR

Pre-2010 workplace agreements or "zombie" agreements will automatically terminate (or "sunset") on 7 December 2023 unless an extension is granted by the Fair Work Commission (FWC).

The exact number of zombie agreements is unknown, but there are still hundreds estimated to be in existence, so their termination will have significant implications for employers and employees.

What is a zombie agreement?

Zombie agreement is a term used to describe industrial instruments between an employer and its employees made before the commencement of the Fair Work Act 2009 (Cth) that continue to operate. They can be between an employer and a group of employees or between an employer and an individual employee.

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