Zombie Enterprise Agreements to Automatically Terminate

What is a Zombie Enterprise Agreement?

This is an Enterprise Agreement (Zombie EA) that:

• was made prior to January 2010
• have passed their nominal expiry date; and
• is still in effect.

If you are not sure if you and your employees are covered by a Zombie EA you can find a list of these agreements published by the Fair Works Commission here.

When will my Zombie EA terminate?

All Zombie EA’s will automatically terminate on 7 December 2023.

Can I apply for an extension of the Zombie EA?

If you do not want your Zombie EA to automatically terminate on 7 December 2023 you must apply for an extension to the Fair Works Commission before 7 December 2023. The Commission will review your application and decide whether or not to grant the extension. You can learn more about applying for an extension here.

What are my responsibilities as an employer?

If you and your employees are covered by a Zombie EA you are required to:

• Give each employee notice that the Enterprise Agreement will automatically terminate on or before 6 June 2023.
• If you do not intend to extend the Zombie EA you must find out what wages and entitlements you need to pay employees from 8 December 2023. You can get this information from the Fair Works Ombudsman.

If you have any questions please reach out to our Workplace Relations and Legal Team on (02) 6175 5900.