The ABCC has commenced proceedings in the Federal Court against labour hire company, Corestaff WA, and contractor, Gumala Enterprises, alleging they discriminated against a worker because of his age.
It is alleged Corestaff WA refused to hire the qualified 70-year old grader operator because of his age following advice from Gumala Enterprises.
In its statement of claim filed in the Federal Court in Perth, the ABCC is alleging:
- Following the worker’s application for the grader operator role on 22 October 2018, the Corestaff Area Manager forwarded the worker’s application to Gumala Enterprises.
- On 25 October 2018, a Gumala Enterprises HR Advisor emailed the Corestaff Area Manager stating:
“I have some feedback on the grader ops.
… we had his details already, he applied directly with us. He has all the tickets we are looking for however he [sic] age is a concern – 70 years old.
The other guy is a no.”
- The Corestaff Area Manager replied:
“Wow didn’t know that however I would have found out eventually.. [sic] yes will certainly keep looking.”
- Later that day, the Corestaff Area Manager emailed the worker stating:
“Sorry…, no joy with the role at Gumala due to your age mate.”
The ABCC is alleging the conduct in this case is a contravention of the adverse action provisions of the Fair Work Act that prohibit discrimination.
The maximum penalty per contravention is $63,000 for a body corporate and $12,600 for an individual.