State of Queensland v Together Queensland

The case of State of Queensland v Together Queensland involved the Australian Workers’ Union and the Together Union challenging various aspects of Queensland’s industrial relations legislation. The disputes centred on whether certain provisions in Queensland’s Industrial Relations Act 1999, as amended, contravened the Commonwealth Constitution by infringing on judicial power, the separation of powers, and by being inconsistent with federal laws. The parties contested the constitutionality of the Queensland Industrial Relations Commission's (QIRC) role in certifying agreements and the provisions inserted by the Public Service and Other Legislation Amendment Act 2012 (Qld). The High Court was required to determine whether the QIRC’s certification of agreements constituted the exercise of judicial power, and whether certain provisions were inconsistent with federal laws under s 109 of the Constitution. Additionally, the Court needed to decide if the QIRC’s role was analogous to functions traditionally exercised by courts and whether the separation of powers doctrine applied to Queensland.

The Court considered whether the QIRC exercised judicial power when certifying agreements, concluding that the QIRC's role was administrative rather than judicial. The Court held that the certification process did not involve ascertaining, declaring, or enforcing existing rights or obligations. Instead, it was part of an administrative process with both executive and legislative aspects. The Court also addressed the separation of powers issue, finding that there was no constitutional principle of institutional or functional separation of powers in Queensland prior to 2001. Consequently, the Court ruled that the legislation did not contravene the separation of powers. Regarding inconsistency with federal laws, the Court found that the Queensland provision allowing employers to determine the timing of notification and consultation was not inconsistent with the federal Fair Work Act 2009. The Court held that s 691D of the Industrial Relations Act 1999 (Qld) was valid and did not detract from the operation of federal laws. Finally, the Court concluded that the Public Service and Other Legislation Amendment Act 2012 (Qld) did not constitute a justiciable matter as it would not take effect until 2013.

The High Court dismissed both proceedings, concluding that the Queensland legislation did not infringe on judicial power, violate the separation of powers, or conflict with federal laws. The Court found that the QIRC's role in certifying agreements was administrative rather than judicial and that the provisions challenged were valid. The Court also held that there was no immediate right, duty, or liability to be established concerning the future commencement of certain provisions, and thus it had no jurisdiction to hear the constitutional challenge regarding s 3B. As a result, the proceedings were dismissed with costs awarded to the State of Queensland.