Historical agreements and instruments

Before 1 January 2010, states had different awards and agreements. Division 2B State instruments are based on those awards and agreements.

Before the start of the Fair Work Act 2009, several types of agreements were in place. We call these transitional instruments. They include:

• Collective agreements: the Workplace Authority approved these until 2009.
• Certified agreements: the Australian Industrial Relations Commission certified these until 2006. The Workplace Authority changed or extended these up to 31 December 2009.
• Preserved state agreements: state awards that became federal agreements under the Workplace Relations Amendment (Work Choices) Act 2005.

These have all passed their nominal expiry date. They continue to operate until:

• someone applies to end the transitional instrument OR
• they are replaced by a new agreement with the same coverage.

To end, change or extend a historical instrument, you need to apply to us.

End an instrument

Understand the options at Ways to terminate an individual agreement (IABTI). Then apply using Form F29 - Apply to terminate an agreement.

Change an instrument

The Fair Work Act only allows changes to transitional instruments in very few cases. If the instrument covers you, you can only apply to vary it to:

• remove something that is ambiguous or uncertain
• remove terms that are not consistent with Part 3-1 of the Fair Work Act (general protections) or change terms to make them consistent with Part 3-1
• resolve an issue where the instrument and a modern award cross over.

To apply for one of these reasons, use Form F25 – Application to vary a transitional instrument.

Pre-2010 agreements

Certain kinds of registered agreements made before 1 January 2010 continued to operate when the Fair Work Act fully commenced on 1 January 2010 (pre-2010 agreements).

All pre-2010 agreements that were still in operation (zombie agreements) have automatically terminated (sunsetted) unless an application was made to the Commission before 7 December 2023 and the Commission has extended the agreement’s default period (or the application is pending).

Find out more about sunsetting of pre-2010 agreements (‘zombie agreements’) – changes from 7 December 2023