South Australian Business News

Don’t let Zombie Agreements come back to haunt you

Elisa Luck
Thursday, November 2nd 2023

Do you have in place an Enterprise Agreement? If so do you know whether it might be affected by the sunsetting of pre-2010 agreements, often referred to as Zombie Agreements?

If you have an agreement in place that was pre-2010 that continues to operate, it will automatically terminate on 7 December 2023 unless an application is made to the Fair Work Commission before 7 December 2023 to extend the default period for the agreement. The Fair Work Commission has the power to grant extensions to Zombie Agreements in certain circumstances. An application must be submitted before 7 December 2023.

If the employees who were covered by the pre-2010 agreement are not covered by an enterprise agreement, a modern award may then apply to the employees. This could result in major changes to ordinary hours of work, overtime provisions, allowances, and penalty rates.

You may be eligible to apply to the Fair Work Commission for an extension which would grant some time to prepare your business to either move to the applicable Modern Award and start negotiating for a new Enterprise Agreement, the South Australian Business Chamber are here to help you and talk through the available options. 

For the South Australian Business Chamber Members, our Business Advice Hotline is only a phone call away and our advisors can talk assist you. Call (08) 8300 0000 (select option 1). Our workplace consultants who are experts in industrial relations can assist you with implementing a strategy to address your zombie agreement. 

Not a Member? Not a problem. If you are not a the South Australian Business Chamber Member now is the right time to join.


Elisa Luck

General Manager, Programs and Consulting
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