Certain kinds of registered agreements that were made before 1 January 2010 continued to operate when the Fair Work Act fully commenced on 1 January 2010. Many of these pre-2010 agreements no longer cover anyone and so have ceased to operate. However, some employers and their employees are still covered by pre-2010 agreements and these agreements continue to operate today. These are also known as ‘zombie agreements’.
Pre-2010 agreements will automatically terminate on 7 December 2023 unless an application is made to the Commission to extend the default period.
Employers are required by law to notify their employees
Employers who are covered by pre-2010 agreements are required to notify their affected employees in writing about the sunsetting of the agreement. They must do this before 7 June 2023. Failing to give the required written notice to employees is a breach of a civil penalty provision.
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