Bree Graafland loses bid to include former top public servants in gender pay gap claim

A policy adviser who filed a ‘gender pay gap’ complaint alleging three former top Qld public servants discriminated against her has failed to have them included in her claim against the state.

Former Queensland premier Annastacia Palaszczuk with then chief of staff Jim Murphy in March 2020. File picture: Dan Peled

A policy adviser who filed a “gender pay gap” complaint alleging three ex-top public servants in the Palaszczuk government discriminated against her because she was a woman has failed in her bid to include them in her claim against the state.

In a decision handed down on Thursday, Queensland Industrial Relations Commission deputy president John Merrell struck out ex director-general of the Department of Premier and Cabinet, Rachel Hunter; ex Palaszczuk chief of staff Jim Murphy; and ex deputy chief of staff Denise Spinks as respondents to former state-government adviser Bree Graafland’s claim against the state and her former bosses.

Bree Graafland

She alleges she was the subject of unlawful sex discrimination at work because she was paid less than three male colleagues, who were employed at the same time as her and in circumstances where she performed the same work; and she was later offered an increase to the classification of her position at a lower level than male colleagues; and she was victimised.

Ms Graafland also submits to the QIRC that confidential agreements have been executed between ex public servant Ms Hunter, and ex-ministerial staffers Mr Murphy and Ms Spinks and the department of premier and cabinet for the department “to provide them with legal representation in exchange for their co-operation”.

“No evidence was filed in support of this allegation,” Mr Merrell wrote.

Former Premier and Cabinet director-general Rachel Hunter. Picture: NCA NewsWire/Tertius Pickard

He noted that the trio did not need to be respondents to her claim because “even if they engaged in the conduct alleged by” Ms Graafland, which is denied, they can’t be found liable.

Mr Merrell states in his reasons that Ms Hunter, Mr Murphy and Ms Spinks can still be called as witnesses to give evidence if Ms Graafland’s complaint goes to trial.

Mr Merrell stated that the department of premier and cabinet could make a “forensic decision” to call the trio to give evidence at a trial, or perhaps to not call them.

Ms Graafland was most recently working as an adviser for Cairns Mayor Amy Eden, but left that job in January.

She is seeking a compensation payout from the state in the QIRC claiming workplace sexual discrimination and victimisation including a gender pay gap.

Mr Merrell’s decision state that each of Ms Hunter, Mr Murphy and Ms Spinks are all no longer working for the state government so the QIRC cannot order they pay compensation

Late last year she applied to the QIRC seeking the green light to add three more ex-colleagues as respondents to her complaint: former Director-General of Premier and Cabinet David Stewart, Evan Moorhead and Katharine Wright - who has worked as chief of staff for Steven Miles.

Denise Spinks resigned as a top Palaszczuk government staffer in September before joining Labor-linked lobbying firm Anacta two months later. Source: Supplied.

But the decision states that on December 6 she withdrew this application.

Mr Merrell has ordered Ms Graafland and the department to file documents with the QIRC before the case goes to a conciliation conference which could settle the claim without a trial.

Mr Murphy is a veteran public servant having served as chief of staff to Annastacia Palaszczuk, for the International Monetary Fund in Washington, the Prime Minister’s office, Federal Treasury and a top bank.

Ms Hunter was the first woman in the state’s history to head the department of premier and cabinet, which is the most senior position in the Queensland public service, and Ms Spinks was Mr Murphy’s deputy before she resigned as a top Palaszczuk government staffer in September before joining Labor-linked lobbying firm Anacta two months later.

The commission heard that Ms Hunter had no role in decisions about Ms Graafland’s pay and she merely received a complaint from Ms Graafland and kicked off an investigation into it.