The Employment Security and Contracting-out Provisions Directive, issued by the Queensland Public Service Commissioner, is set to be challenged in the courts, with an application lodged in the Supreme Court today.
Industrial Relations law firm Slater & Gordon has initiated Supreme Court proceedings on behalf of the Together Union, representing thousands of Queensland public sector employees, after the state government issued a directive that could have significant consequences for the job security of Queensland public sector workers.
Slater & Gordon employment & industrial lawyer Andrew Rich said the directive is being challenged on the basis that the Public Service Commissioner exceeded his power when he issued the Directive.
“We will argue on behalf of public sector workers that the Public Service Commissioner is not authorised by the Public Service Act to make such directives, and further, that they were made contrary to the Industrial Relations Act,” Mr Rich said.
“We have therefore commenced legal proceedings in the Supreme Court today seeking orders that the Directives were made in excess of the Commissioner’s power are therefore in fact invalid.
“If the Directive is declared invalid, Employment Security and Contracting-out provisions in certified agreements that cover the public service would continue to operate and can be part of any new agreements made by the government,” he said.