Australian Education Union v Department of Education and Children's Services

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, HEYDON, KIEFEL AND BELL JJAUSTRALIAN EDUCATION UNION  APPELLANTANDDEPARTMENT OF EDUCATION AND CHILDREN'S SERVICES  RESPONDENTAustralian Education Union v Department of Education and Children's Services[2012] HCA 329 February 2012A4/2011ORDER1.The Chief Executive, Department of Premier and Cabinet of South Australia be substituted as respondent for the Department of Education and Children's Services in the proceedings in this Court, in the Full Court of the Supreme Court of South Australia and in the Industrial Relations Court of South Australia.2.        Appeal allowed.3.Set aside the orders of the Full Court of the Supreme Court of South Australia made on 28 May 2010 and, in their place, order that:(a)      the appeal be allowed;(b)the order of the Full Court of the Industrial Relations Court of South Australia be varied so as to answer question 1 as follows:Question 1:Did s 9(4) of the Education Act 1972 (SA), at the time that it was in force, authorise the Minister to appoint officers to be engaged as teachers, or did s 15 of the Act provide exclusively for the appointment of teachers?Answer:Section 9(4) of the Education Act 1972 (SA), at the time that it was in force, did not authorise the Minister to appoint officers to be engaged as teachers and s 15 of the Act provided exclusively for the appointment of teachers.and;(c)the matter be remitted to the Full Court of the Industrial Relations Court of South Australia for further consideration of question 2.4.The respondent, the Chief Executive, Department of Premier and Cabinet of South Australia,...