Holcombe v State of Queensland (Department of Housing and Public Works)

Holcombe appealed a decision not to permanently appoint her to a higher classification level under section 149C of the Public Service Act 2008. The appeal was decided on the papers under section 451(1) of the Industrial Relations Act 1996. The decision maker's reasons for refusing permanent appointment were that Holcombe's role was intended to backfill a substantive employee on leave, and that the substantive employee would return on 1 December 2020. Holcombe argued that the decision was unfair and unreasonable, while the Department of Housing and Public Works argued that the decision was reasonable and within the scope of the review. The Court considered the relevant provisions of the Industrial Relations Act 1996, Public Service Act 2008 and the Directive 13/20 Appointing a public service employee to a higher classification level. The Court found that the decision maker was entitled to consider the genuine operational requirements of the department, and that the decision was reasonable. The appeal was dismissed.