Ward v State of Queensland (Department of Housing and Public Works)

In the case of Ward v State of Queensland (Department of Housing and Public Works), the applicant sought a permanent appointment at a higher classification under section 149C of the Public Service Act 2008 (Qld). The application was made after the applicant had been acting in a higher classification position for a period. The Queensland Public Service Commission dismissed the application, and the applicant appealed to the Industrial Court of Queensland. The appeal was ultimately dismissed by the court.

The primary legal issue before the court was whether the scope of section 149C of the PS Act permits an employee to be considered for permanent appointment to a higher classification position if the position has a nominated end date. The court was required to determine if the statutory framework allows for such appointments and whether the decision of the commission was legally sound.

The court found that the statutory framework under section 149C of the PS Act, when read in conjunction with the PS Directive, is limited to considering appointments to the specific position occupied by the employee at the time of the review. The court relied on the earlier decision in Holcombe v Queensland Health, which held that the power to appoint an employee to a higher classification is confined to the position into which the employee has been seconded at the time of the review. The court emphasised that the term "position" is inherently more specific than "higher classification level" and that the statutory language does not empower the department to review the employee against positions that are substantially the same or to appoint them to another comparable position. Consequently, the court confirmed the decision of the commission dismissing the applicant's appeal for permanent appointment.

The court made the following order: the decision of the Queensland Public Service Commission dismissing the appeal is confirmed.