Watch out: a zombie agreement could be haunting your workplace

With Halloween approaching, there may be some odd and creepy appearances at your workplace.  

But some workers are faced with something even more disturbing: zombie agreements.  

A zombie agreement is a collective agreement made under old legislation but continues to operate as they have not been terminated or replaced by another Agreement. 

If you’re stuck on one of these agreements, you could be losing hundreds of dollars in pay.  

When you compare your agreement to your industry Award, you might notice some key conditions are missing – such as penalty rates, minimum wages, or uniform allowances. That’s a big red flag.

Rampant wage theft under zombie agreements

Subway worker Chantelle is only 17 years old but with the support of the Shop Distributive and Allied Employees Association, she took up the fight against Subway zombie agreements to the Fair Work Commission.  

“On Boxing Day I worked alongside someone who said they were doing an 8-hour shift and were doing it because it was double pay,” Chantelle said.  

“Sadly, it wasn’t. In fact, it wasn’t even normal pay. People assume they are being treated fairly but are not.” 

Because zombie agreements are trapped in the past, workers’ wages and conditions are frozen and don’t improve as changes occur to the relevant modern Awards. 

Award wages increase each year through the Annual Wage Review. Each year, union members ramp up the pressure on the Fair Work Commission to implement an increase that brings workers closer to a living wage. 

This year, workers in unions won a record-breaking 5.2 per cent increase to the minimum wage via the Annual Wage Review.  

But most workers on zombie agreements won’t have benefited from the pay rise. Instead, they will end up substantially worse off than other workers in the same sector. It’s why zombie agreements are an almost-guaranteed way for employees to fall victim to wage theft. 

Being a part of a union is how hospitality workers at Mantle Group have terminated a Zombie Agreement. Members of the United Workers Union have come together after decades of lost penalty rates and taken the matter to the Fair Work Commission.

The union quest to vanquish zombie agreements

The good news is that we are on track to see the end of these dodgy deals. Through changes to work laws, we will slay zombie agreements once and for all.  

When you look through your agreement and think something doesn’t look quite right, contact your union. Zombie agreement or not, your union is there to provide support in any questions you may have about your pay and conditions.  

All union members get access to advice and legal representation if things go wrong in the workplace. Think of it like a safety net – you pay small, regular membership dues, but you’re covered big time if something goes wrong. 

Cover photo credit: cottonbro