Queensland Police Union of Employees and Ors v State of Queensland

The Queensland Police Union of Employees and others (the Union) brought proceedings against the State of Queensland (the State) in the Supreme Court of Queensland. The dispute concerned the interpretation and application of the *Public Service Act 2008* (Qld) and the *Industrial Relations Act 1999* (Qld) in relation to the employment conditions of police officers. The Union sought declarations regarding the status of police officers as public service employees and their entitlement to certain industrial rights.

The central legal issue before the Court was whether police officers, by virtue of their appointment under the *Police Service Administration Act 1990* (Qld), were excluded from the definition of "public service employee" as defined in the *Public Service Act 2008* (Qld). This determination was critical to establishing whether police officers were entitled to the same industrial rights and protections afforded to other public service employees under Queensland industrial law, particularly concerning their right to engage in industrial action and be represented by a union.

Kiefel J reasoned that the *Police Service Administration Act 1990* (Qld) established a distinct employment framework for police officers, separate from the general public service. The Court found that the specific provisions of the *Police Service Administration Act 1990* (Qld), which govern the appointment, discipline, and conditions of police officers, indicated an intention by the legislature to create a unique status for police officers, thereby excluding them from the broader definition of "public service employee" under the *Public Service Act 2008* (Qld). Consequently, the Court held that police officers were not entitled to the industrial rights and protections generally available to public service employees under the *Industrial Relations Act 1999* (Qld).