Morison v State of Queensland (Department of Child Safety, Youth and Women)

In the case of Morison v State of Queensland (Department of Child Safety, Youth and Women), the Fair Work Commission was called upon to determine whether the decision by the Department of Child Safety, Youth and Women to deny Ms Morison's request for permanent appointment to the position of Senior Team Leader was fair and reasonable. Ms Morison, a Senior Child Safety Officer, had been acting in the position of Senior Team Leader since August 2018 and sought a permanent appointment pursuant to section 149C of the Public Sector Act 2022 (Qld).

The primary legal issue before the Commission was whether the Department's decision was in accordance with the statutory requirements and if the decision-making process was fair and reasonable. Specifically, the Commission had to determine whether the Department's chief executive appropriately considered the genuine operational requirements of the department when making the decision and if the decision-making process complied with the statutory requirement to provide reasons for the decision.

The Commission examined the Department's adherence to the statutory requirements and the reasoning behind the decision. It found that the Department did not need to consider the principles developed in respect of the application of Directive 08/17 Temporary Employment in its decision. The Commission concluded that the Department's decision was based on the genuine operational requirements as outlined in the relevant sections of the Public Sector Act 2022 (Qld), which concerned the review of fixed term temporary and casual employees. As a result, the Commission found that the decision was fair and reasonable, and it confirmed the Department's decision.

In light of the above, the Fair Work Commission confirmed the decision of the Department of Child Safety, Youth and Women to deny Ms Morison's request for permanent appointment to the position of Senior Team Leader. The Commission held that the Department's decision was in accordance with the statutory requirements and that the decision-making process was fair and reasonable.