AEU v Department of Education and Children's Services (A4-2011)

 

In the case of Australian Education Union v Department of Education and Children's Services (A4-2011) [2012] HCA 3, the High Court has allowed an appeal from the Full Court of the Supreme Court of South Australia, which held that the Minister of Education was empowered to appoint temporary ‘contract teachers’ under s9(4) Education Act of South Australia.

The primary question to be decided was whether s9(4) of the Act authorised the Minister to appoint officers to be engaged as teachers. Following from this, the next question was whether the long service leave entitlements of any teacher purportedly appointed pursuant to s 9(4) governed by the Public Sector Management Act 1995.

The Full Court of the IRC had upheld the Minister’s authority to appoint under s 9(4). However, the High Court reversed this decision. The High Court found that s 15 of the Act exclusively provided for the right to appoint teachers and not s 9(4).

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