National Institute For Aboriginal And Torres Strait Islander Health Research Limited Trading AS Lowitja Institute

The Lowitja Institute Collective Agreement 2025 - 2028

Application for approval of The Lowitja Institute Collective Agreement 2025 - 2028

[1] National Institute for Aboriginal and Torres Strait Islander Health Research Limited T/A Lowitja Institute has applied for approval of an enterprise agreement known as The Lowitja Institute Collective Agreement 2025 - 2028 (the Agreement) under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• - Clause 20.5 - Casual conversion

• - Clause 46 - Compassionate leave

• - Clause 56.8 - Withholding monies at termination

[4] Clause 6.1 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Employer has provided written undertakings (Appendix A). I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[7] The Agreement does not contain a delegates' rights term as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates' rights term in Clause 37A of the Clerks - Private Sector Award 2020 is taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 September 2025.

[9] In accordance with clause 3.1, the nominal expiry date of the Agreement is 1 July 2028.

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