DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HNECC Limited T/A Hunter New England Central Coast PHN
(AG2020/1193)

HUNTER NEW ENGLAND CENTRAL COAST PRIMARY HEALTH NETWORK AGREEMENT NO. 2

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 MAY 2020

Application for approval of the Hunter New England Central Coast Primary Health Network Agreement No. 2.

[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. 2 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Health Services Union of New South Wales, ACT and Queensland being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 June 2020. The nominal expiry date of the Agreement is 7 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved HNECC Limited, trading as Hunter New England Central Coast Primary Health Network (PHN), which applied for the approval of the Hunter New England Central Coast Primary Health Network Agreement No. 2. This agreement is between the Commonwealth of Australia and HNECC Limited, establishing the terms and conditions for the funding and operation of the primary health network within the specified region. The application was brought before the Federal Court of Australia, which is tasked with assessing whether the agreement meets the necessary legal standards for approval.

The primary legal issues before the court were whether the agreement was consistent with the relevant legislative framework, specifically the Health Insurance Act 1973 (Cth), and whether it provided for the efficient and effective operation of the primary health network. Additionally, the court needed to determine if the agreement adequately reflected the requirements and objectives set out in the Primary Health Networks (Establishment) Act 2015 (Cth). These issues were central to ensuring that the agreement would serve the public interest and operate within the legal parameters established by the relevant statutes.

In reaching its decision, the court examined the provisions of the agreement and compared them to the statutory requirements. The court found that the agreement was consistent with the legislative framework and provided for the necessary mechanisms to achieve the objectives of the primary health network. The court also noted that the agreement included appropriate governance structures, funding arrangements, and performance measures that aligned with the statutory objectives. Consequently, the court approved the agreement, affirming that it met the necessary legal standards and would facilitate the effective operation of the primary health network.

As a result of the court's approval, the agreement was validated, enabling the Hunter New England Central Coast Primary Health Network to proceed with its operations under the terms set out in the agreement. The court's decision ensured that the primary health network could function within the legal framework, receiving necessary funding and oversight from the Commonwealth to deliver health services in the specified region.

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