Schiemann v State of Queensland (Department of Transport and Main Roads) [2023] QIRC 035

Date: 7 February 2023
Tribunal: Queensland Industrial Relations Commission
Member: McLennan IC
Human Rights Act 2019 (Qld) Sections: n/a
Rights Considered: n/a
Other Legislation: Acts Interpretation Act 1954 (Qld) s 14A, s 27B; Industrial Relations Act 2016 (Qld) s 451, s 562B, s 562C, s 564, s 567; Public Service Act 2008 (Qld) s 120, s 149, s 149C, s 194, s 196, s 197; Statutory Instruments Act 1992 (Qld) s 7, s 14; Directive 13/20 Appointing a public service employee to a higher classification level cl 1, cl 4, cl 5, cl 6, cl 7, cl 8, cl 11; Transport and Main Roads Enterprise Bargaining Certified Agreement 2019 cl 4
Keywords: Education, Training and Employment

This matter concerned an appeal against the respondent’s decision not to permanently convert the appellant’s employment appointment to a higher classification level. The decision included an extract from a relevant statutory instrument, confirming decision makers’ obligations under section 58 of the Human Rights Act 2019 (Qld). The Commission identified its role as deciding whether the decision was fair and reasonable, and did not engage in any discussion as to whether the decision maker fulfilled their obligations under the HR Act. There is no indication that human rights grounds were raised by the appellant.

Visit the judgement: Schiemann v State of Queensland (Department of Transport and Main Roads) [2023] QIRC 035