Fair Work Commission Termination of ‘Zombie Agreements’
12 June 2023
When the Fair Work Act commenced fully on 1st January 2010, there were certain kinds of Registered Agreements made prior to this date which are commonly referred to as ‘Zombie Agreements’. Many have ceased to operate since then; however some are still in operation today. Many of these pre 2010 agreements no longer apply to employees due to various reasons, such as being replaced by enterprise agreements, covering employers, projects, or worksites that no longer exist, or perhaps termination by mutual agreement or by the Commission.
Here is a list of Zombie Agreements which may still be in operation today – List of Zombie Agreements.
Did you know that if you are currently operating under a Pre-2010 Agreement these will automatically terminate on 7th December?
Are you affected?
Have you considered the impact to your organisation?
You will need to determine if any of your employees are still covered by a pre-2010 Agreement. If you have employees in this category, you will need to provide the employees written notice about the ‘sunsetting’ of the Agreement.
Here are some resources which may assist your organisation if you have employees covered by a pre-2010 Agreement:
Applying to the Commission for an Extension
To prevent the termination of a pre-2010 Agreement, an application must be made to the Commission before 7 December 2023 to extend the default period for the agreement. The Commission may extend the default period for up to 4 years.
Who can apply for an Extension?
Employers, employees, or unions representing covered employees can apply to the Commission to extend the default period for a pre2010 agreement (a ‘Zombie Agreement’) if they do not want it to terminate on this date. Here’s is a link to the Fair Work Commission’s requirements to extend – Extending the Default Period for ‘Zombie Agreements’.
It’s important to note that labour laws and regulations may be subject to change, and it is recommended to consult the Fair Work Commission or legal professionals for the most up to date and accurate information regarding pre 2010 agreements and their termination processes in Australia.
How can ConnX help?
We have a highly sophisticated Award Interpretation Engine that can interpret most Awards and EBA’s. We interface with biometric finger print scanners, facial recognition devices or even swipe/fob systems.
Our Award Engine also assists with compliance for Awards covered by the Annualised Salary arrangements with reconciliation between ‘what an employee was paid’ and ‘what they should have been paid’ to give you peace of mind.
Reach out to us if you would like further information on how we can assist.
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