The 7 December 2023 deadline is looming for employers who are still utilising a Zombie Agreement to transition all covered employees pending the blanket termination of the agreements.  There are specific elements that need to be provided for as employees transition from one employment instrument to another so effected businesses need to take action now.

There are more than 10,100 Zombie Agreements that have been identified by the Fair Work Commission, which will be terminated by the Commission on 7 December 2023, unless a party petitions for the extension of the termination deadline.  The pending termination of the Agreement is what is triggering the requirement for businesses determine their transition timeline, align payroll systems and to communicate with effected staff now.

“Members are reminded that if they have an Agreement that is governing their employees current employment that they should check the date of approval, and if that Agreement was made on or before 2009 then they should urgently act to comply with the Zombie Agreement requirements”, explains ACAPMAs Elisha Radwanowski.

ACAPMA Members have been reaching out to seek assistance with this notification process and with the transition to Award coverage.

“The Awards are used extensively but they have quirks and oddities that apply to the fuel wholesale/transport and retail operations.  Many of these peculiarities have evolved over the life of the Modern Awards and may not be well understood by the impacted business or be embedded in their current operating and rostering structures.  These businesses need to have a working understanding of the “fuel freaks” including; non standard ordinary hours (in wholesale/transport), differing definition’s of adult across status (in retail), non standard breaks (industry wide), impact of shift loading and special ordinary hours (industry wide)”, explains Elisha.

“We have been guiding Members through the process of embedding and checking the internal systems to facilitate a smooth transition to the Award, with many Members transitioning by agreement to the Award from 1/7/2023 with the new Award rates”, continues Elisha.

“The big message is this; if your business has an Agreement, check now to see if it is 2009 or premade, or check the 10,000 plus list of Zombie Agreements, and if it is a Zombie, get your systems sorted now and communicate with your staff, and then get to work making sure you are ready for the transition to the Award.  Lastly reach out if you need help with this”, concluded Elisha.

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Here to help

Through the year ACAPMA Employment Professionals are available to assist members via

This article is general in nature and covers things to consider, implement and watch out for in your business. They are provided as general advice and you should seek further advice on your situation by calling 1300 160 270 and speaking to one of ACAPMA Employment Professionals its free for members. ACAPMA membership is affordable at only $860 per year for a single site and valuable with sites gaining HR advice support and representation as well as a raft of other benefits and discounts.

Visit:   to apply for ACAPMA membership.

Elisha Radwanowski BCom(HRM&IR)