Public servants working under ‘zombie agreements’ are to have their employment terms changed with an Australian Public Service Commission (APSC) Circular putting an end date on the old agreements.
In Circular 2023/3: Sunsetting of zombie agreements, APSC said the Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 amended the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 to introduce new provisions about old employment agreements.
“Under the amendments, all agreements made before 1 January 2010 that are still in operation will automatically sunset (or terminate) on 7 December 2023,” APSC said.
“Affected agreements can be collective or individual agreements (such as individual transitional employment agreements or Australian Workplace Agreements) made before 1 January 2010.”
It said Agencies who had employees covered by the agreements are required to provide written notice by 6 June to advise employees that they are covered by a zombie agreement; the zombie agreement will terminate on 7 December 2023 unless an extension application is made; and this sunsetting process commenced on 7 December 2022.
The Commission said most Agencies would not be relying on zombie agreements to set terms and conditions for employees.
“However, it is possible that some zombie agreements still have technical application to some employees,” APSC said.
“Some Agencies may be aware that they have one or more employees that remain covered by a zombie agreement,” it said.
“Other Agencies will need to consider whether they have any employees covered by a zombie agreement.”
APSC said the Fair Work Commission (FWC) had published a list of possible zombie agreements and encouraged Agencies to review their records on FWC’s website.
It said that if an Agency was considering making an application to extend a zombie agreement, it must first consult with the APSC.
Circular 2023/3 can be accessed at this PS News link.
