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.

Media Release
26 April 2019

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Media contact

James Martin

Senior Adviser - Media James.Martin@abcc.gov.au 0436 375 478
Media contact

Edda Mwangi

Adviser - Media Edda.Mwangi@abcc.gov.au (03) 8509 3087 0438 321 171