Australian Building and Construction Commissioner v CoreStaff WA Pty Ltd
Citation: [2020] FCA 893
At a glance
- Employees affected
- 1
What happened
Peter Selsmark, a 70-year-old with experience as a grader operator, applied through recruitment company CoreStaff for a position with Gumala Enterprises in the Pilbara. CoreStaff received the application but refused to proceed with Selsmark's employment. The client, Gumala, had expressed concern about his age. CoreStaff alleged the refusal was based on operational concerns, but the evidence showed age was a substantial factor.
What was decided
Justice Banks-Smith found that CoreStaff contravened s 351(1) of the Fair Work Act by discriminating against Selsmark on the basis of age. The Court found CoreStaff refused to employ a prospective employee because of his age. Gumala was also found liable for advising, encouraging and inciting this discriminatory conduct contrary to s 362 of the Fair Work Act. The matter was adjourned for penalty determination.
What it means for employers
Recruitment companies and client employers must not discriminate against prospective employees on the basis of age. Age-based concerns about productivity or suitability do not justify refusal to employ.
What it means for employees
Prospective employees aged 70 and over are protected from age discrimination. If a recruitment company or client employer refuses employment based on age, that may constitute unlawful discrimination.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections