If you have a zombie deal that still applies to your workplace, it`s time to review your payment terms and get advice on the best way to proceed. Proactive steps to get out of a past agreement avoid the need for employers to make a sudden transition. An enterprise agreement sets its expiry date (we propose to dipolarize this date), although negotiations with the unions may take place before the expiry. The fast food chain Subway is the youngest retailer targeted by a union because of so-called zombie enterprise agreements. Felicity Sowerbutts is director of the Young Workers Centre union in Melbourne and said Subway franchises were known to employ workers with outdated agreements. While an employer may legally have the right to pay its employees under zombie agreements and, on the one hand, may seem economically sound by placing the company in a seemingly indecent competitive position, this short-term view is not liable for the considerable damage to the reputation of such agreements when it is established that an employer is recovering from it. It can lead to tighter control of employee unions in the future and an employer`s inability to bear higher costs (due to sudden changes in wage rates). It advises all workers to review their employment contracts to ensure that they are paid in accordance with a modern distinction. In practice, these agreements may continue to govern employees` business conditions, as Section 59 of the Fair Work Act 2009 (Cth) does not provide a modern bonus for a worker when an enterprise agreement is in effect (so there is no „double“ coverage). A corporate agreement will have full legal value even after its nominal expiry date, although its rates of pay are covered by the mark-up rates. The nominal expiry date is only a „trigger“ for other measures such as the opening of negotiations by a union party or requests for bargaining orders (which require an employer to negotiate in good faith). For example, if an enterprise contract was approved in 2008 for a four-year term and expired in 2012, a worker employed in 2017, who is covered by the expired contract, will continue to be paid at the rates provided for in the expired agreement.