McAllister v State of Queensland (Queensland Health)

In the case of McAllister v State of Queensland (Queensland Health), the appellant, Mr McAllister, appealed against the respondent's decision not to convert his fixed-term temporary employment as an Operational Support Officer to permanent employment. The decision was made by the respondent's chief executive after the appellant's representative requested the conversion pursuant to section 149B of the Public Service Act 2008. The appeal focused on whether the decision was fair and reasonable, considering the continuing need for someone to be employed in the appellant's role or a role substantially the same as his.

The court examined whether the decision was fair and reasonable, taking into account the Department's explanation for not providing written reasons for its decision. The Department cited its uncertainty about the scope and operation of the new distribution centre and the need for temporary labour in response to increased demand and the COVID-19 pandemic. The court noted that the Department's decision was based on its genuine operational requirements, which were not disputed by the appellant. The court also considered the sharp spike in advertisements for Supply Officer positions since July 2019, which supported the Department's submission that there was a genuine operational requirement against the permanent appointment of Mr McAllister. The court found that the Department had determined that the existing permanent establishment would be sufficient to efficiently manage the new distribution centre.

The court concluded that the decision was fair and reasonable, as the Department had provided a sufficient explanation for its decision, considering the continuing need for someone to be employed in the appellant's role or a role substantially the same as his. The court confirmed the decision appealed against, pursuant to section 562C(1)(a) of the Industrial Relations Act 2016.

This decision highlights the importance of providing written reasons for decisions made under the Public Service Act 2008, and the need for the Department to consider genuine operational requirements when deciding whether to convert fixed-term temporary employment to permanent employment.