Introduction
Use Form F81 to apply to extend the default period for a zombie agreement.
On this page:
Content
Who can use this form
Only use this form if you are applying to extend the default period for a zombie agreement and you are:
- an employer covered by the zombie agreement
- an employee covered by the zombie agreement, or
- an industrial association entitled to represent one or more employees covered by the zombie agreement.
Content
From 7 December 2023, the Commission can only extend the default period for ‘zombie agreements’ that are still in operation (because their default period has been extended past 7 December 2023 or an application for extension made before that date is pending).
You can make as many extension applications as you like, provided the pre-2010 agreement has not yet terminated. You must apply before the end of the extended default period.
If a zombie agreement has sunsetted, it is no longer in operation and cannot be extended.
Find out more about zombie agreements extended past 7 December 2023.
Before you start
Lodge this application form with a copy of your zombie agreement.
Have this information ready before you begin the application. You will need to give or tell us:
- your details
- your organisation's details (if applying on behalf of an organisation)
- your representative's details, such as a lawyer or paid agent (if you are using one)
- the name and type of zombie agreement you want to extend the default period for and a copy of the zombie agreement
- the reasons why the Commission should extend the default period
- the date your zombie agreement is currently due to terminate, and
- information about any past extension applications that have been made for your zombie agreement.
We store your information in line with our Privacy notice (pdf).
Apply now
Content
Email your documents to lodge@fwc.gov.au.
You can also send or deliver your documents to the Commission office near you.
What happens next
If the application relates to an individual zombie agreement – as soon as possible after you lodge the application, you must send a copy of your application to (serve) the other party covered by the agreement.
If the application relates to a collective zombie agreement – as soon as possible after you lodge the application, you must send a copy of your application to (serve):
- each employer covered by the agreement
- each industrial association entitled to represent employee(s) covered by the agreement
Rules and regulations for this form
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
- Item 20A of Schedule 3 (Automatic sunsetting of all remaining agreement-based transitional instruments)
- Item 26A of Schedule 3A (Automatic sunsetting of all remaining Division 2B State employment agreements)
- Item 30 of Schedule 7(Automatic sunsetting of all remaining enterprise agreements made during the bridging period)
Fair Work Commission Rules 2024: Schedule 1