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Sunday, September 13, 2026

Fair Work Act Changes - Important Changes Approaching - Lexology

In our recent alert, we set out some of the key upcoming changes in Australian employment law.

Since then, there has been further progression as the Labor Government implements its workplace agenda. We have set out a timeline for the year ahead and steps that businesses should be taking now. 6 and 7 June loom as key dates for employers.

'Zombie agreements'

Employers who have 'zombie agreements' (i.e. agreements made before modern awards commenced on 1 January 2010) must notify affected employees in writing that:

  • They are covered by a zombie agreement;
  • The zombie agreement will terminate on 7 December 2023 (unless an extension application is made to extend the default period); and
  • The sunsetting process commenced on 7 December 2022.

This notification must be given to employees by 6 June 2023.

Changes to enterprise bargaining system

From 6 June 2023, changes to the enterprise bargaining system come into place. This includes:

  • The introduction of multi-employer bargaining under three streams, being:
    • Cooperative bargaining (voluntary only);
    • Supported bargaining (voluntary or involuntary); and
    • Single interest employer (SIE) authorisations (voluntary or involuntary, including where an employer can be involuntarily roped into an existing SIE agreement). Employers cannot be included in an SIE authorisation, or added to an existing SIE agreement, if the employer and employees are:
    • Covered by a current enterprise agreement that has not yet passed its nominal expiry date; or
    • If...


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