Application for variation of the The Lowitja Institute Collective Agreement 2025 - 2028

[1] The National Institute for Aboriginal and Torres Strait Islander Health Research Limited has applied under s 218A of the Act to correct or amend an obvious error in the The Lowitja Institute Collective Agreement 2025 - 2028. I approved the Agreement on 19 September 2025: see [2025] FWCA 3162.

[2] Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

[3] I determined to vary the Agreement, on application by the applicant. The applicant initially made an application under s 217 of the Act to vary the agreement, but confirmed in correspondence that it sought to vary to correct or amend an obvious error, and I am satisfied that this is the substance of the applicant's application. Under s 586 of the Act, I correct the applicant's application under s 217 so that it is an application under s 218A of the Act, and waive requirements to formally comply with the Commission's Rules.

[4] The applicant identified errors in the rates of pay provided for in "Schedule A - Annual Staff Salary Rates". The Applicant provided an amended copy of the Agreement, with only the amendments identified above.

[5] I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. I am satisfied that it is appropriate for the variation to operate from the date the Agreement commences.

[6] The Agreement attached to this Decision is the Agreement as varied and will operate from 26 September 2025. The nominal expiry date of the Agreement as varied is 1 July 2028.

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