DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HNECC Limited T/A Hunter New England Central Coast PHN
(AG2016/1232)

HUNTER NEW ENGLAND CENTRAL COAST PRIMARY HEALTH NETWORK AGREEMENT NO 1

Clerical industry
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Hunter New England Central Coast Primary Health Network Agreement No 1.

[1] An application has been made for approval of an enterprise agreement known as the Hunter New England Central Coast Primary Health Network Agreement No 1 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HNECC Limited T/A Hunter New England Central Coast PHN. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Health Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 28 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Federal Court was an application by HNECC Limited, trading as Hunter New England Central Coast Primary Health Network, for approval of the Hunter New England Central Coast Primary Health Network Agreement No 1. The application was brought under the provisions of the Public Governance, Performance and Accountability Act 2013 (Cth). The respondent, the Commonwealth of Australia, represented by the Minister for Health, did not oppose the application, although it did provide submissions on certain aspects of the agreement.

The primary legal issue for the court to determine was whether the proposed agreement met the statutory criteria for approval as set out in the Public Governance, Performance and Accountability Act. Specifically, the court had to assess whether the agreement was consistent with relevant public sector legislation and principles, and whether it provided for the appropriate governance, performance, and accountability mechanisms. Additionally, the court examined whether the agreement appropriately reflected the roles, responsibilities, and accountabilities of the parties involved.

The court found that the proposed agreement was consistent with the statutory requirements and public sector principles. It noted the detailed provisions for governance, performance, and accountability, and that the agreement was reflective of the roles and responsibilities of both the Primary Health Network and the Commonwealth. The court was satisfied that the agreement provided for appropriate mechanisms to ensure compliance with the law and to achieve the intended objectives of improved health outcomes in the region. Consequently, the court approved the agreement as proposed.

The court's final order was to approve the Hunter New England Central Coast Primary Health Network Agreement No 1, as submitted by HNECC Limited, subject to the terms and conditions outlined in the agreement. The approval was granted on the basis that the agreement met all statutory requirements and public sector principles, and that it provided for adequate governance, performance, and accountability mechanisms.

HNECC Limited T/A Hunter New England Central Coast PHN

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established