What is a zombie agreement?
A zombie agreement is an old pre-2010 industrial agreement; most automatically terminated in December 2023, moving employees onto the modern award.
A zombie agreement is an older workplace instrument made before the modern Fair Work system began in 2010 — such as a pre-2010 collective or individual agreement, or a Work Choices-era agreement — that kept operating for years afterwards. They were nicknamed 'zombie' agreements because they lived on long after the laws that created them.
Under the 2022 Secure Jobs, Better Pay reforms, most of these agreements automatically sunset (terminated) on 7 December 2023. When a zombie agreement ended, the affected employees generally moved onto the relevant modern award or enterprise agreement, which often improved their pay and conditions. Employers were required to notify employees before the sunset date.
Key facts
- •An old industrial instrument made before the Fair Work system started in 2010
- •Most zombie agreements automatically terminated on 7 December 2023 under the 2022 reforms
- •When they ended, affected employees usually moved onto the relevant modern award
- •Employers had to give written notice to employees before the sunset date
- •A limited extension could be sought from the Fair Work Commission in some circumstances
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Award FinderFrequently asked questions
Was I better or worse off when a zombie agreement ended?
Usually better off. Many zombie agreements paid below current modern award rates, so moving onto the award after the December 2023 sunset often improved pay and conditions. You can check your applicable award to compare.
Could a zombie agreement keep operating after December 2023?
Only in limited cases. An employer or employee could apply to the Fair Work Commission for an extension before the sunset date if certain conditions were met, but most agreements simply terminated automatically.
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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.