Together Queensland Industrial Union of Employees v State of Queensland (Queensland Corrective Services)

The Together Queensland Industrial Union of Employees, a trade union, appealed against a decision of the Full Bench of the Queensland Industrial Relations Commission, which found that a Ministerial directive was inconsistent with a certified agreement between the union and the State of Queensland (Queensland Corrective Services). The appeal concerned whether the directive granting State Wage Case increases beyond award levels in certified agreements operated to grant increases in wages beyond the wages set by the certified agreement. The union argued that the directive was inconsistent with the certified agreement and should be set aside. The State of Queensland argued that the directive was consistent with the certified agreement and should be upheld.

The court was required to determine whether the directive was inconsistent with the certified agreement. The court considered the language of the certified agreement, the directive, and relevant legislation. The court found that the directive provided remuneration and conditions of employment that were "at least as favourable" as those provided in the certified agreement. The court concluded that the directive was not inconsistent with the certified agreement and that the employees were entitled to receive the benefit of the State Wage Case increases as provided by the directive.

The court allowed the appeal and set aside the orders of the Full Bench of the Queensland Industrial Relations Commission. The court declared that employees engaged by the State of Queensland in Queensland Corrective Services pursuant to the Correctional Employees Award - State 2015 in classifications GS Level 1.1-1.7 inclusive were entitled to be paid the rates specified in the Correctional Employees Award - State 2015 for these classifications in lieu of the rates in Queensland Corrective Services - Correctional Employees Certified Agreement 2016.