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Published: February 16, 2023

Zombie agreements given an end date

The Fair Work Commission (FWC) has released the details of over 100,000 ‘zombie agreements’. These zombie agreements will automatically be terminated (referred to as sunsetting) on 7 December 2023, unless an extension is approved by the FWC. Employers with employees covered under a ‘zombie agreement’, must give each such employee a written notice on or before 6 June 2023, containing the following:

  • The employee is covered under the ‘zombie agreement’; and
  • The ‘zombie agreement’ will terminate on 7 December 2023 unless an extension request is made to extend the default period; and
  • This sunsetting process commenced on 7 December 2022

Employers who wish to apply for an extension of a ‘zombie agreements’ must do so through the FWC before 6 December 2023.

Once a zombie agreement ‘sunsets’ on 7 December 2023, any employees who remained covered by the Agreement will be have their minimum terms and conditions determined by the relevant Modern Award.

Mazars are able to assist employers work through the sunsetting process for these zombie agreements, including seeking an extension if required. If you would like assistance please contact our HR consulting division on 1300 200 725.

Published: 16/02/2023

All rights reserved. This publication in whole or in part may not be reproduced, distributed or used in any manner whatsoever without the express prior and written consent of Mazars, except for the use of brief quotations in the press, in social media or in another communication tool, as long as Mazars and the source of the publication are duly mentioned. In all cases, Mazars’ intellectual property rights are protected and the Mazars Group shall not be liable for any use of this publication by third parties, either with or without Mazars’ prior authorisation. Also please note that this publication is intended to provide a general summary and should not be relied upon as a substitute for personal advice. Content is accurate as at the date published.

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All rights reserved. This publication in whole or in part may not be reproduced, distributed or used in any manner whatsoever without the express prior and written consent of Exant, except for the use of brief quotations in the press, in social media or in another communication tool, as long as Exant and the source of the publication are duly mentioned. In all cases, Exant’ intellectual property rights are protected and the Exant Group shall not be liable for any use of this publication by third parties, either with or without Exant’ prior authorisation. Also please note that this publication is intended to provide a general summary and should not be relied upon as a substitute for personal advice. Content is accurate as at the date published.

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