Case name
Australian Building and Construction Commissioner v Corestaff WA Pty Ltd & Anor
Known as
Commonwealth Courts Portal reference and link


Date filed
9 April 2019
Alleged breach(es) at time of filing
Summary at time of filing

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.