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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Primary Care Limited applied for the approval of the Hunter Primary Care Agreement 2021 under section 57 of the Health Services Act 1997. The applicant, a health service provider, sought approval for the agreement which outlined its role in providing primary health services in the Hunter region. The decision was brought before the court due to objections raised by the Minister for Health, who argued that the agreement did not sufficiently address certain health service needs.

The central legal issue before the court was whether the agreement appropriately addressed the required health services in line with the statutory criteria set out in the Health Services Act. The court needed to determine if the agreement sufficiently detailed the provision of primary health services, aligned with the health needs assessment and the strategic directions set by the Minister for Health. Furthermore, the court examined whether the agreement included adequate provisions for accountability, reporting, and monitoring to ensure the effective delivery of health services.

In reaching its decision, the court meticulously reviewed the contents of the agreement against the statutory requirements. It found that the agreement comprehensively addressed the health service needs and aligned with the strategic directions. The court also noted the inclusion of robust mechanisms for accountability and reporting. Consequently, the court approved the Hunter Primary Care Agreement 2021, confirming its compliance with the legislative standards. This decision underscored the importance of detailed planning and accountability in health service agreements.

Hunter Primary Care Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established