Jacks v State of Queensland (Department of Environment and Science)

[2021] QIRC 102

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Jacks v State of Queensland (Department of Environment and Science) [2021] QIRC 102

PARTIES:

Jacks, Ryan
(Appellant)

v

State of Queensland (Department of Environment and Science)
(Respondent)

CASE NO:

PSA/2020/401

PROCEEDING:

Public Service Appeal – Appointment to position at higher classification

DELIVERED ON:

25 March 2021

MEMBER:

Industrial Commissioner Dwyer

HEARD AT:

On the papers

ORDER:

1.   The decision appealed against is confirmed.

CATCHWORDS:

LEGISLATION:

INDUSTRIAL LAW – Public Service Appeal – application for permanent employment at higher classification – genuine operational requirements

Directive 13/20 Appointing a public service employee to a higher classification level cls 4, 6

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

Public Service Act 2008 (Qld) s 149C

CASES:

Brandy v Human Rights and Equal Opportunity Commission [1995] HCA 10

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

Page v John Thompson and Lesley Dwyer, As Chief Executive Officer, West Moreton Hospital and Health Service [2014] QSC 252

Reasons for Decision

Background

1. Mr Ryan Jacks is substantively employed as an Administration Officer (AO2) with the Department of Environment and Science ('the Department').

2. Since 1 February 2019, Mr Jacks had been acting as a Senior Project Officer (AO6) (position number 725763) within Conservation Policy and Planning, Environmental Policy and Planning in the Department. This higher classification level position has temporary funding and has an end date of 30 June 2021.

1. On 29 October 2020, Mr Jacks wrote to the Department requesting that he be permanently appointed to the higher classification level within the Department in accordance with s 149C of the Public Service Act 2008 (Qld) ('the PS Act').

1. On 16 November 2020, Mr Jacks received correspondence (‘the decision’) from Dr Karen Hussey, Deputy Director-General of the Department. The correspondence advised Mr Jacks that a review of his employment status had been conducted in accordance with the requirements s 149C of the PS Act and Directive 13/20 Appointing a public service employee to a higher classification level ('the Directive').

2. The decision advised Mr Jacks that he could not be appointed to the AO6 role due to the genuine operational requirements of the Department.

1. The reasons for the decision were set out as follows:

I have considered your request and have determined that, due to the genuine operational requirements of the agency, you are to continue to be engaged according to the terms of your existing higher duties arrangement. The genuine operational requirements relate to the division and department's obligation to manage its program of work within the approved financial and FTE allocation

·      Funding for this role (and the Offsets program) is determined through an annual application for resourcing from the Offsets Management Fund, which has a provision for administrative management.

·      The Queensland Environment Offsets Framework – Consultation and Response Report indicated that a multisector reference group will be established in 2021 to guide potential…