Roberts v State of Queensland (Queensland Health)

[2023] QIRC 347

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

PARTIES:

Roberts v State of Queensland (Queensland Health) [2023] QIRC 347

Roberts, Madeline
(Appellant)

v

State of Queensland (Queensland Health)
(Respondent)

CASE NO:

PSA/2023/209

PROCEEDING:

Public Sector Appeal – Appeal against a conversion decision

DELIVERED ON:

1 December 2023

MEMBER:

HEARD AT:

Pidgeon IC

On the papers

OUTCOME:

1.      In accordance with the Industrial Relations Act 2016 (Qld) s 562C(1)(c), the decision is returned to the decision-maker with a copy of the decision on appeal.

2.      Within 28 days of this decision, the Respondent must provide a decision letter to Ms Roberts’ regarding her request for a review of her non-permanent employment.

CATCHWORDS:

PUBLIC SECTOR – EMPLOYEES AND SERVANTS OF THE CROWN GENERALLY – PUBLIC SECTOR APPEAL – where the appellant appeals a deemed decision made by the respondent not to convert her casual employment to permanent – where the appellant seeks a decision letter – where the respondent acknowledges that the review was not conducted within 28 days – where the respondent seeks an opportunity to provide a decision letter – decision returned to the decision-maker to provide a decision letter within 28 days

LEGISLATION AND 
OTHERINSTRUMENTS:

Industrial Relations Act 2016 (Qld) s 562C

Public Sector Act 2022 (Qld) ss 115, 116

Reasons for Decision (ex tempore)

Introduction

1. Ms Madeline Roberts (‘the Appellant’) appeals a deemed decision by the State of Queensland (Queensland Health) not to convert her employment to permanent. Ms Roberts is currently employed by the Respondent as a casual Administration Officer (AO2) at BreastScreen Rockhampton, Central Queensland Hospital and Health Service (‘CQHHS’).

2. In Ms Roberts’ appeal notice filed on 6 November 2023, Ms Roberts sets out her desired outcome of the appeal as follows:

   I seek for the decision to be set aside and returned to the decision maker with directions that a review be conducted and reasons for decision provided in accordance with the Public Service Act and the Directive, in accordance with s 562C of the Industrial Relations Act 2016.

3. The Respondent filed its submissions on 29 November 2023 where it acknowledges that its review of Ms Roberts’ employment was not conducted within 28 days of her request, being 11 October 2023. The Respondent also acknowledges that Ms Roberts was not informed of the status of her review.

4. An initial review into Ms Roberts’ employment on 18 September 2023 identified that the Respondent ought to have reviewed Ms Roberts’ employment on 26 July 2023 (two years from the commencement of Ms Roberts’ non-permanent employment) in accordance with the Public Sector Act 2022 (Qld) s 115 (‘the PS Act’). The Respondent says that due to staffing and competing priorities, the CQHHS has been significantly delayed in facilitating employment reviews.

5. The Respondent subsequently commenced a review under s 116 of the PS Act into Ms Roberts’ employment on 21 September 2023 and provided the review documentation to the relevant Line Managers for consideration and endorsement prior to progressing the matter to the decision-maker for approval.

6. At the commencement of the review, Ms Roberts was employed as both a casual Assistant in Nursing (Nurse Grade 1) at Baralaba Hospital and as a casual Administration Officer (AO2) with BreastScreen Queensland Rockhampton. Review documentation therefore had to be provided to two Line Managers.

7. The Respondent says it is standard process that where an employee has more than one position with the CQHHS, review documentation is provided to all relevant Line Managers for a collaborative review and a holistic consideration of the employee’s employment history.

8. Ms Roberts formally resigned from her casual Assistant in Nursing Role on 28 September 2023, meaning the Respondent only needed to consider Ms Roberts’ casual Administration Officer role with BreastScreen.

9. The Respondent explains that when Ms Roberts filed her appeal, the Line Manager had considered and endorsed the review, however, it had not yet been provided to the decision-maker for approval. The decision-maker has now reviewed the appeal submission and the review documentation and the Respondent therefore commits to the following:

   The Respondent submits that the decision maker is committed to conducting the non-permanent employment review (the review) and provide Ms Roberts with outcome correspondence as required by the Directive and the Act within 28 days of a decision being set aside and returned to the decision maker.

   Consideration

10. The Industrial Relations Act 2016 (Qld) s 562C(1)(c) enables the Commission to set aside a decision and return it to the decision-maker.

11. Having been satisfied that the outcome Ms Roberts seeks is a decision letter, and the Respondent has requested an opportunity to provide a decision letter, I am content to make the following order.

Order

1.In accordance with the Industrial Relations Act 2016 (Qld) s 562C(1)(c), the decision is returned to the decision-maker with a copy of the decision on appeal.

2.Within 28 days of this decision, the Respondent must provide a decision letter to Ms Roberts’ regarding her request for a review of her non-permanent employment.