The Australian Workers' Union of Employees, Queensland v State of Queensland

The Australian Workers' Union of Employees, Queensland (AWU) brought proceedings against the State of Queensland concerning the interpretation and application of the *Industrial Relations Act 1999* (Qld) and the *Public Service Act 2008* (Qld). The dispute centred on whether certain employees of the Queensland Government were entitled to be paid overtime rates for work performed outside of their ordinary hours, as stipulated by their industrial instruments. The matter was heard by the High Court of Australia.

The High Court was required to determine whether the State of Queensland, in its capacity as an employer, had contravened the relevant industrial legislation by failing to pay overtime to its employees. Specifically, the court had to consider the interplay between the provisions of the *Industrial Relations Act 1999* (Qld) regarding industrial instruments and the provisions of the *Public Service Act 2008* (Qld) concerning the conditions of employment for public service employees. The central question was whether the latter Act could override or modify the obligations imposed by the former in relation to overtime payments.

The High Court reasoned that the *Public Service Act 2008* (Qld) did not operate to displace the obligations imposed by the *Industrial Relations Act 1999* (Qld) or the industrial instruments made under it. Their Honours held that the *Public Service Act 2008* (Qld) sets out a framework for the management of the public service, but it does not grant the State the power to unilaterally alter the terms of employment established by an industrial award or agreement. The court applied the principle that specific statutory provisions, such as those found in industrial relations legislation governing awards and agreements, are not implicitly repealed by general legislation unless there is a clear legislative intention to do so. In this instance, the court found no such intention.

The High Court allowed the appeal, finding that the State of Queensland had contravened the *Industrial Relations Act 1999* (Qld) by failing to pay overtime to the AWU members in accordance with their industrial instruments. The matter was remitted to the Supreme Court of Queensland for further orders consistent with the High Court's judgment.