Western Health Alliance Limited T/A Western NSW Primary Health Network

[2017] FWC 3808

[2017] FWC 3808

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees

Western Health Alliance Limited T/A Western NSW Primary Health Network
(AG2017/2748)

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 28 JULY 2017

Application for an order that Western NSW Medicare Local Enterprise Agreement 2013 does not cover Western Health Alliance Limited or any transferring employee.

[1] An application under s.318(1) of the Fair Work Act 2009 (the Act) for an order relating to instruments covering a new employer and transferring employees was filed by the Western Health Alliance Limited T/A Western NSW Primary Health Network (the Applicant) on 10 July 2017.

[2] The Applicant seeks the following order under s.318(1) of the Act that:

Pursuant to s.318(1)(a) of the Fair Work Act 2009 (Cth) (the Act), the Western NSW Medicare Local Enterprise Agreement 2013 does not cover Western Health Alliance Limited or any transferring employee, as defined within Part 2-8 of the Act, who transferred from Western NSW Medicare Local Ltd to Western Health Alliance Limited in about July 2015.

[3] Under s.318(4) of the Act, the Applicant also seeks to include in the order that it will take effect on the day that the Western Health Alliance Limited Enterprise Agreement 2017 is approved.

[4] The material provided by the Applicant discloses that on 1 July 2015 a primary health network contract was awarded to Western Health Alliance Limited (WHAL), which effectively replaced Western NSW Medicare Local Ltd (WML) within the western New South Wales region.

[5] Further, on 1 July 2015, 20 employees previously employed by WML commenced employment with WHAL in the same or substantially the same role.

[6] WHAL emailed a letter to the transferring employees on 15 February 2017, to advise them of WHAL’s intention to lodge an application with the Commission for all staff to be covered by the Health Professionals and Support Services Award 2010, and to confirm that their existing employment conditions and entitlements under the Western NSW Medicare Local Enterprise Agreement 2013 will be maintained until a new agreement is approved by the Commission.

[7] On 26 July 2017 undertakings were provided by the Applicant in relation to maintaining the transferring employees existing employment conditions and entitlements. I accept the Applicant’s undertakings. A copy of the undertakings is attached to this Decision.

[8] I have considered the matters set out in s.318(3)(a) to (g) of the Act and I am satisfied on the basis of supporting documentation provided with the application and the additional material provided that the order should be issued. Consequently the Application is granted and an order in the terms sought will be issued accordingly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE407334  PR594690 >