Hunter Primary Care Limited

[2021] FWCA 704

[2021] FWCA 704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Primary Care Limited
(AG2021/149)

HUNTER PRIMARY CARE AGREEMENT 2021

Health and welfare services
DEPUTY PRESIDENT DEAN	SYDNEY, 11 FEBRUARY 2021

Application for approval of the Hunter Primary Care Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Primary Care Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hunter Primary Care Limited. 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 flexibility term contained in clause 11.1 of the Agreement does not comply with the requirements of s.203 of the Act. In accordance with s.202(4) of the Act the model flexibility term is taken to be a term of the Agreement.

[4] I note that clauses 19.11.1 (Parental Leave) and 19.2.3 (Carer’s Leave) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Nursing and Midwifery Federation New South Wales Branch, the Health Services Union, being bargaining representatives for the Agreement, have given notices under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2021. The nominal expiry date of the Agreement is 17 February 2024.

DEPUTY PRESIDENT

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