Following amendments to the Fair Work Act 2009 (FWA) in 2022, on 7 December 2023 all ‘zombie’ enterprise agreements (ZEA) ceased to have legal effect.  ‘Zombie’ agreements are those made before 1 January 2010.   As a consequence of the amendment taking effect, the employment of the employees who were included in the coverage provision of the ZEA is no longer covered by the ZEA.  In this case any applicable Modern Award will have legal effect.  Under the FWA enterprise agreements have a nominal expiry date and usually continue to have effect even though the expiry date has passed.  If they are not replaced or terminated by the the Fair Work Commission they continue to have effect – the only exception are the ZEA’s.  Perhaps surprisingly, a number of ZEA’s continued to exist well past their nominal expiry date, warranting the amendment to the FWA.  If you are unsure about whether your EA continues to have legal effect, check the date it was made.  If you are still unsure, seek legal advice.