“Zombie agreements” are individual or collective registered agreements, made prior to 1 January 2010, which have continued to operate as transitional instruments following the introduction of the Fair Work Act 2009 (Cth). Zombie agreements will automatically sunset on 6 December 2023 unless an extension application has been granted.

Employers should:

• check whether they have a zombie agreement; and
• if they have a zombie agreement, consider whether to apply to extend its application or allow it to sunset.

In either case, employers must provide notice to any employees covered by a zombie agreement of their automatic sunsetting. This notice must be provided by 6 June 2023.