7 December 2023: 'sunsetting' of pre-2010 registered agreements (‘zombie agreements’)
Certain kinds of registered agreements (or collective agreements) that were made before 1 January 2010 (pre-2010 agreements), continued to operate for the purposes of the Fair Work Act 2009 when the Act commenced on 1 January 2010.A pre-2010 agreement that continues to operate 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. This is known as ‘sunsetting’.
For clarity, this does not apply to registered agreements or collective agreements that were replaced with a newer replacement enterprise agreement (for example, the VECTEA).
What does this mean for you?
If your service has a pre-2010 collective agreement or registered agreement that was negotiated and never replaced, you need to take immediate action.
Action is required if you wish to apply to have your agreement extended (the default period extended) by an application before 7 December 2023 to the Fair Work Commission. This may be particularly relevant if you are bargaining for a new (replacement) enterprise agreement or if your agreeme(...)