Pre-2010 agreements (‘zombie agreements’)

Certain kinds of registered agreements that were made before 1 January 2010 continued to operate when the Fair Work Act fully commenced on 1 January 2010. Many of these pre-2010 agreements no longer cover anyone and so have ceased to operate. However, some employers and their employees are still covered by pre-2010 agreements and these agreements continue to operate today. These are also known as ‘zombie agreements.'

Pre-2010 agreements will automatically terminate on 7 December 2023 unless an application is made to the Commission to extend the default period. Find out more here>

Employers are required by law to notify their employees

Employers who are covered by pre-2010 agreements are required to notify their affected employees in writing about the sunsetting of the agreement. They must do this before 7 June 2023. Failing to give the required written notice to employees is a breach of a civil penalty provision.

Resources to help employers

  • Guide for employers (PDF) — Information for employers about pre-2010 agreements (‘zombie agreements’) and the written notice requirement
  • Template written notice (Word) — Employers can use our template written notice to meet their obligation, but they don’t have to