United Workers Union v Chief Executive, Attorney-General's Department

The United Workers Union sought permission to appeal to the Court of Appeal from a decision of the Full Bench of the South Australian Employment Tribunal. The dispute concerned the interpretation and application of clause 15 of an Enterprise Agreement, specifically relating to the outsourcing and contracting out of work performed by weekly paid employees. The Chief Executive of the Attorney-General's Department was the respondent.

The primary legal issue before the Court of Appeal was whether permission to appeal should be granted, given that the central point of contention had been abandoned before the Full Bench. The court was also required to consider the operation of clause 15 of the Enterprise Agreement, which contained provisions regarding the employer's agreement not to outsource, contract out, or privatise work, and to maintain wage parity commitments for outsourced or contracted work.

The Court of Appeal reasoned that permission to appeal should be refused because the specific legal point the Union wished to raise on appeal had been abandoned during proceedings before the Full Bench. The court noted that the Union had not disputed the Chief Executive's position that entering into an Enterprise Agreement did not bind the hands of Cabinet or Ministers regarding policy or procurement decisions, nor had it challenged the proposition that the Chief Executive did not bind the Crown as its agent. The court observed that the initial decision of the Tribunal at first instance had found that while there was an intention for clause 15.3 to apply to contracts for outsourced work, there was no evidence that the State Government, beyond the Chief Executive, agreed to be bound. Furthermore, the Tribunal found no evidence of actual detriment suffered by the Union or its members due to the outsourcing arrangements in question.

Consequently, the application for permission to appeal to the Court of Appeal was refused, and the Union was ordered to pay the costs of the Chief Executive.