Plumb v Rockhampton Regional Council - [2025] QIRC 176

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	Plumb v Rockhampton Regional Council [2025] QIRC 176
PARTIES:	Plumb, Jason (Applicant) v Rockhampton Regional Council (Respondent)
CASE NO.:	GP/2024/38
PROCEEDING:	Application in existing proceedings
HEARING DATE:	30 May 2025
DELIVERED ON:	10 July 2025
MEMBER: HEARD AT:	Merrell DP Brisbane and by video link to Rockhampton
ORDER:	*Pursuant to s 451(1) of the Industrial Relations Act 2016, the Applicant's General Application in Matter No. GP/2024/38, filed on 28 October 2024, is dismissed.*
CATCHWORDS:	INDUSTRIAL LAW – QUEENSLAND OTHER MATTERS – GENERAL PROTECTIONS APPLICATION –Applicant was employed by the Respondent and was dismissed effective 5 October 2021 – the parties subsequently entered into a Deed of Settlement by which, for the Applicant's resignation, he provided certain releases to the Respondent – on 28 October 2024, the Applicant applied to the Queensland Industrial Relations Commission for various orders under ch 8, pt 1 of the Industrial Relations Act 2016 alleging contraventions of s 285, s 287, s 288, s 289 and s 301 of the Industrial Relations Act 2016 – application the subject of conciliation by the Queensland Industrial Relations Commission – conciliation failed – application in existing proceedings made by the Respondent for the summary dismissal of the Applicant's application – whether allegations contained in the Applicant's application, alleging contraventions of ch 8, pt 1 of the Industrial Relations Act 2016, are ones '…relating to dismissal' within the meaning of s 310(1) of the Industrial Relations Act 2016 or are otherwise incompetent – certain allegations grounds of Applicant's application abandoned during the hearing – Applicant's application, alleging contraventions of ch 8, pt 1 of the Industrial Relations Act 2016, not competent for various reasons or otherwise abandoned - Applicant's application dismissed pursuant to s 451(1) of the Industrial Relations Act 2016 PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY– SUMMARY DISPOSAL – where application made by the Applicant alleging various contraventions of ch 8, pt 1 of the Industrial Relations Act 2016 – where application in existing proceedings made by the Respondent seeking the summary dismissal of the Applicant's application on the grounds that it is incompetent – powers of the Queensland Industrial Relations Commission, pursuant to the Industrial Relations Act 2016, to summarily dismiss an application made to it – principles to be considered in respect of the summary dismissal of an application pursuant to s 451(1) of the Industrial Relations Act 2016
CASES:	AB (a pseudonym) v Independent Broad-based Anti-corruption Commission [2024] HCA 10; (2024) 278 CLR 300 Australian Competition and Consumer Commission v P T Garuda Indonesia Ltd [2010] FCA 551; (2010) 269 ALR 98 Certain Lloyd's Underwriters v Cross [2012] HCA 56; (2012) 248 CLR 378 DJL v The Central Authority [2000] HCA 17; (2000) 201 CLR 226 Elisha v Vision Australia Limited [2022] VSC 754 Elisha v Vision Australia Limited [2024] HCA 50; (2024) 99 ALJR 171 Fair Work Ombudsman v Blue Sky Kids Lt (in liq)…

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.

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Details

Case: [2025] QIRC 176
Decision Date: 10 July 2025

CaseChat Overview and Summary

The case of Plumb v Rockhampton Regional Council involved the former employee, Mr Plumb, and his employer, Rockhampton Regional Council. Mr Plumb was dismissed from his employment on 5 October 2021, and subsequently, a Deed of Settlement was entered into between the parties. Mr Plumb, as part of the Deed of Settlement, provided certain releases to the Council in return for his resignation. On 28 October 2024, Mr Plumb applied to the Queensland Industrial Relations Commission for various orders under chapter 8, part 1 of the Industrial Relations Act 2016, alleging contraventions of sections 285, 287, 288, 289, and 301 of the Act. The application was the subject of conciliation by the Queensland Industrial Relations Commission, which ultimately failed.

The legal issues before the Commission were whether the allegations in Mr Plumb's application, which related to alleged contraventions of chapter 8, part 1 of the Industrial Relations Act 2016, were ones "relating to dismissal" within the meaning of section 310(1) of the Act, or if they were otherwise incompetent. Additionally, the Court had to consider the principles to be applied in respect of the summary dismissal of an application pursuant to section 451(1) of the Industrial Relations Act 2016. During the hearing, some of the allegations were abandoned by Mr Plumb, leading to the conclusion that his application was not competent for various reasons or had otherwise been abandoned.

The Queensland Industrial Relations Commission, exercising its powers under the Industrial Relations Act 2016, dismissed Mr Plumb's application. The Court held that the allegations in Mr Plumb's application were not ones relating to dismissal within the meaning of section 310(1) of the Act, and as such, were incompetent. Furthermore, the Court found that the application was not competent for various reasons or had been abandoned, leading to its dismissal pursuant to section 451(1) of the Industrial Relations Act 2016. The Commission ordered that Mr Plumb's General Application in Matter No. GP/2024/38, filed on 28 October 2024, be dismissed.

Orders

Orders of the court

Pursuant to s 451(1) of the Industrial Relations Act 2016, the Applicant's General Application in Matter No. GP/2024/38, filed on 28 October 2024, is dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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