Gill v Napranum Aboriginal Shire Council

[2025] QIRC 79

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Gill v Napranum Aboriginal Shire Council [2025] QIRC 079

PARTIES:

Gill, Tammy
(Applicant)

v

Napranum Aboriginal Shire Council
(Respondent)

CASE NO.:

TD/2023/86

PROCEEDING:

Application in existing proceedings

DELIVERED ON:

21 March 2025

MEMBER:

Power IC

HEARD AT:

Brisbane

ORDER:

1.       That the Respondent's application in existing proceedings be dismissed.

CATCHWORDS:

INDUSTRIAL LAW – DISMISSAL – APPLICATION FOR REINSTATEMENT –Application in existing proceedings brought by Respondent to dismiss application for reinstatement – whether the substantive matter should be dismissed because it is convenient to do so in all of the circumstances – whether the substantive matter should be dismissed on the basis that the proceedings are not necessary or desirable in the public interest – where there is a real question to be tried in the substantive matter – where it is in the public interest to allow the Applicant the opportunity to have the matter heard and determined – interlocutory application dismissed.

LEGISLATION AND OTHER INSTRUMENTS:

Fair Work Act 2009 (Cth)

Industrial Relations Act 2016 (Qld), s 316, s 320, s 322, s 451, s 541

Local Government Regulation 2012 (Qld), r 283

Public Sector Act 2022 (Qld), s 194

CASES:

Byrne v Australian Airlines Ltd (1995) 185 CLR 410

Campbell v State of Queensland (Department of Justice and Attorney-General) [2019] ICQ 18

Dziurek v A'Vard Industries Pty Ltd [2018] FWC 1091

Orchid Avenue Realty Pty Ltd v Percival [2003] ICQ 47

Queensland Police Union of Employees v HS First Inc. [2023] QIRC 030

Stewart v Creekgold Pty Ltd [2003] ICQ 39

Welsby v Artis Group Pty Ltd [2016] FWC 2251

Reasons for Decision

1. On 25 July 2023, Ms Tammy Gill ('the Applicant') filed an application for reinstatement following the  termination of her employment at the Napranum Aboriginal Shire Council ('the Respondent') on 27 June 2023. The Application was filed on the basis that her dismissal was harsh, unjust, or unreasonable.

2. On 7 November 2024, the Respondents filed a 'Form 4 – Application in existing proceedings' seeking the following orders –

   1. Pursuant to section 451 of the Industrial Relations Act 2016 (Qld) (IR Act), orders that the application for reinstatement dated 17 July 2023 be summarily dismissed in its entirety because it is convenient to do so in all of the circumstances; or

   2. Pursuant to section 541(1)(b(ii) of the IR Act, an order that the application for reinstatement dated 17 July 2023, be summarily dismissed in its entirety on the basis that the proceedings are not necessary or desirable in the public interest.

3. The parties filed submissions and the Respondent's Application was heard on 31 January 2025.

Respondent's submissions

1. The Respondent submits that even if the Commission were to find that the termination of the Applicant's employment was unfair, which it denies, there is no prospect that the Commission would order the Council to reinstate or otherwise re-employ the Applicant nor that the Council pay compensation to the Applicant.

2. The Respondent contends that the Applicant's post-termination conduct destroyed the relationship of trust and…