Graves v State of Queensland (Department of Education) - [2020] QIRC 230

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION_:
Graves v State of Queensland (Department of Education) [2020] QIRC 230

PARTIES:

Graves, Michael
(Appellant)

v

State of Queensland (Department of Education)
(Respondent)

CASE NO:

PSA/2020/371

PROCEEDING:

Public Service Appeal – Conversion Decision

DELIVERED ON:
23 December 2020

MEMBER:
HEARD AT:

Hartigan IC

On the papers

OUTCOME:
1. Pursuant to s 562C(1)(a) of the Industrial Relations Act 2016 (Qld), the decision appealed against is confirmed.

LEGISLATION:
Appointing a public service employee to a higher classification level – Directive 13/20, cl 4.2, 6, cl 7, cl 11

Industrial Relations Act 2016 (Qld), ss 562B and 562C

Public Service Act 2008 (Qld), s 197, s 149C, s 295

Public Service and Other Legislation Amendment Act 2020 (Qld)

CASES:
Brandy v Human Rights and Equal Opportunity Commission [1995] HCA 10; (1995) 183 CLR 245

Goodall v State of Queensland (Unreported decision of the Supreme Court of Queensland, Dalton J, 10 October 2018)

Morison v State of Queensland (Department of Child Safety, Youth and Women) [2020] QIRC 203

Reasons for Decision
[1]Mr Michael Graves appeals a decision not to permanently appoint him to the position in which he has been acting at a higher classification level.
[2]At the time Mr Graves commenced this appeal, he was acting in the position of Senior Guidance Officer, South East Region [AO52] in the Department of Education ("the Department"). Mr Graves commenced this position on 8 May 2018.
[3]Mr Graves is permanently employed by the Department as a Guidance Officer (GO), South East Region [6620].
[4]By notice of appeal filed on 27 November 2020, Mr Graves, pursuant to ch 7 of the Public Service Act 2008 ("the PS Act"), appealed against a deemed decision dated 18 November 2020 ("the decision").
[5]Mr Graves appeals the decision on the grounds that he had an expectation of ongoing employment and that there is a genuine operational requirement for his employment to be converted.
[6]The appeal is made pursuant to s 197 of the PS Act, which provides, that an appeal under ch 7, pt 1 of the PS Act is to be heard and determined under ch 11 of the Industrial Relations Act 2016 (Qld) ("the IR Act") by the Queensland Industrial Relations Commission ("the Commission").
[7]Sections 562B(2) and (3) of the IR Act, which commenced operation on 14 September 2020, replicate the now repealed ss 201(1) and (2) of the PS Act.[1] Section 562B(3) of the IR Act provides that the purpose of an appeal is to decide whether the decision appealed against was fair or reasonable. Accordingly, the issue for my determination in this appeal is whether the decision is fair and reasonable.
[1] See the Public Service and Other Legislation Amendment Act 2020 (Qld).
[8]As an IRC member, I must decide the appeal by reviewing the decision appealed against. The word ''review'' has no settled meaning and, accordingly, it must take its meaning from the context in which it appears.[2] An appeal under Ch. 7, Pt. 1, of the PS…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Graves v State of Queensland (Department of Education)

Details

AGLC: Graves v State of Queensland (Department of Education) [2020] QIRC 230
Case: [2020] QIRC 230
Decision Date: 23 December 2020

CaseChat Overview and Summary

Michael Graves appeals a decision not to permanently appoint him to the position in which he has been acting at a higher classification level. The appeal was heard and determined under the Industrial Relations Act 2016 (Qld) by the Queensland Industrial Relations Commission. The sole issue for the Commission was whether the decision was fair and reasonable. The Commission found the decision was fair and reasonable and accordingly confirmed the decision. The Department had not made a decision within 28 days of Mr Graves' application for conversion. Accordingly, and pursuant to s 149C(6) of the Public Service Act 2008 (Qld) the chief executive is taken to have decided that the terms of Mr Graves' employment continue according to the current terms of the existing secondment or higher duties arrangement. Mr Graves' current arrangement is that he will remain acting up in higher duties until 15 January 2021. The Commission found that the decision not to permanently appoint Mr Graves to the position at the higher classification level was consistent with managing the Department in a way that promotes the effective, efficient and appropriate management of public resources. In this respect, the decision was fair and reasonable. Further, there were no previous decisions made pursuant to s 149C of the Public Service Act 2008 (Qld) that had any relevant application to Mr Graves' request. For this additional reason, the decision was fair and reasonable. Pursuant to s 562C(1)(a) of the Industrial Relations Act 2016 (Qld), the decision appealed against is confirmed.

Orders