the Applicant v State Of Queensland Acting Through Queensland Treasury
At a glance
- 1
What happened
the Applicant sought to challenge her termination from the State of Queensland, Acting Through Queensland Treasury, in the Fair Work Commission. She claimed dismissal on December 5, 2025. The State of Queensland objected, arguing the Commission lacked jurisdiction because it is a state system employer and the application was lodged outside the 21-day timeframe. the Applicant claimed her incapacity prevented timely filing and had previously engaged with the Queensland Industrial Relations Commission (QIRC) regarding her termination and long-service leave.
What was decided
The Fair Work Commission dismissed the Applicant’s application. The Commission found the State of Queensland is a state system employer, meaning the Fair Work Act’s unlawful termination provisions do not apply. The Commission upheld the jurisdictional objection raised by the State of Queensland. The application was dismissed because the Fair Work Commission does not have jurisdiction to hear it.
What it means for employers
Employers, particularly state government entities, should be aware of the limitations on the Fair Work Commission’s jurisdiction over state system employees. The Melbourne Corporation Principle and referral acts like the Queensland Referral Act can restrict the Commission's power. Employers should consult legal advice to understand their obligations under state and federal legislation.
What it means for employees
Employees of state system employers may have limited recourse through the Fair Work Commission for termination disputes. They should explore options within the state industrial relations system. If an application is filed late, demonstrating exceptional circumstances, such as medical incapacity, is crucial for seeking an extension of time.
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