Re McJannet; Ex parte Minister for Employment, Training and Industrial Relations (Q)

The Minister for Employment, Training and Industrial Relations (Qld) sought to appeal a decision of the Full Court of the Supreme Court of Queensland, which had set aside an order made by a single judge of that court. The dispute concerned the validity of a notice issued by the Minister under section 118(1) of the *Industrial Conciliation and Arbitration Act 1961* (Qld) (the Act), which purported to prevent the Industrial Commission of Queensland from hearing and determining an application for an award. The application before the Commission was made by the Australian Workers' Union, Queensland Branch, seeking an award for certain employees of McJannet.

The central legal issue before the High Court was whether the Minister's notice, issued on the grounds that the application for an award was frivolous or vexatious, was a valid exercise of the power conferred by section 118(1) of the Act. This required the Court to consider the scope of the Minister's discretion under that section and the extent to which the Minister was required to provide reasons for issuing such a notice, or whether the exercise of the power was subject to judicial review on grounds of unreasonableness or improper purpose.

The High Court held that the power conferred on the Minister by section 118(1) was not a mere formality but involved a substantive discretion. The Court reasoned that the Minister was required to apply their mind to the question of whether the application was frivolous or vexatious, and that this discretion was not unfettered. While the Minister was not obliged to give detailed reasons for their decision, the exercise of the power could be challenged if it was demonstrably made for an improper purpose or was so unreasonable that no reasonable Minister could have so exercised it. In this instance, the Court found that the Minister had not acted for an improper purpose and that the decision to issue the notice was within the scope of the Minister's discretion.

The High Court allowed the appeal, setting aside the order of the Full Court of the Supreme Court of Queensland and restoring the order of the single judge.