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

[2025] FWCA 3162

[2025] FWCA 3162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2025/2952)

THE LOWITJA INSTITUTE COLLECTIVE AGREEMENT 2025 - 2028

Indigenous organisations and services
COMMISSIONER TRAN	MELBOURNE, 19 SEPTEMBER 2025

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).

1. The Agreement is a single enterprise agreement.

1. 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

1. 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.

1. 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.

1. 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.

1. 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.

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

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

COMMISSIONER

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Appendix A