Wendy Jeffery-Lonnie
December 1, 2023
Amongst the festive celebrations and end of year holidays there are a several Fair Work related key dates to be aware of. Any Enterprise Agreement created prior to 2010 will automatically terminate on 7 December 2023 unless an application is made to the Commission to extend the default period for the agreement. In addition, from 6 Dec there are new rules for fixed term contracts – more details here.
Many of these pre-2010 agreements have been replaced by another Enterprise Agreement, apply to businesses, worksites that no longer exist, or employees that no longer work for you. Most have clauses or coverage that no longer meet the Better Off Overall Test (BOOT) requirements applicable to new Agreements.
If you have one of these agreements and are not intending to extend it, you need to consider any employee who works under the terms of this agreement and consider what their employment conditions are going forward. Many will automatically default to a Modern Award, and you will need to consider payroll impacts of the Award.
Remember that paying above minimum wage does not exempt you from the requirements under the Award unless it is clearly documented AND you have agreement from the employee.
The Fair Work Commissioner’s list of possible ‘zombie agreements’ can be found here.
If you require assistance with navigating new enterprise agreements, please reach out to Wendy Jeffery-Lonnie (GPHR Director) at wendy@gphr.com.au for practical advice and support.
Remember that paying above minimum wage does not exempt you from the requirements under the Award unless it is clearly documented AND you have agreement from the employee.
