Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commissioner v CoreStaff WA Pty Ltd [2020] FCA 893 File number: WAD 217 of 2019
Judge: BANKS-SMITH J
Date of judgment: 26 June 2020
Catchwords: INDUSTRIAL LAW - adverse action - discrimination for reason of age - where recruitment company refused application for employment because person applying was 70 years old - where position was for grader operator on assignment in the Pilbara region of Western Australia - whether client or recruitment company was prospective employer - where client expressed concern about person's age - where independent assessment of age undertaken by decision-maker - whether age was a substantial and operative factor in decision-maker's reasons - contravention of s 351(1) of Fair Work Act 2009 (Cth) by first respondent established
Legislation: Evidence Act 1995 (Cth) s 69 Fair Work Act 2009 (Cth) ss 335, 336, 340, 342, 346, 351, 352, 360, 361, 362, 539, 546, 793, Part 3-1
Cases cited: Australian Building and Construction Commissioner v Hall [2018] FCAFC 83; (2018) 261 FCR 347 Australian Meat Industry Employee's Union v Belandra Pty Ltd [2003] FCA 910 Australian Workers' Union v CBI Constructors Pty Ltd [2016] FCA 745 Australian Workers' Union v John Holland Pty Ltd [2001] FCA 93 Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32; (2012) 248 CLR 500 Celand v Skycity Adelaide Pty Ltd [2017] FCAFC 222; (2017) 256 FCR 306 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41; (2014) 253 CLR 243 Construction, Forestry, Mining and Energy Union v BHP Steel (AIS) Pty Ltd [2000] FCA 1008 Construction, Forestry, Mining and Energy Union v Endeavour Coal Pty Ltd [2015] FCAFC 76; (2015) 231 FCR 150 Construction, Forestry, Mining and Energy Union v Pilbara Iron Company (Services) Pty Ltd (No 3) [2012] FCA 697 Fraser v Fletcher Construction Australia Ltd (1996) 70 IR 117 General Motors-Holden's Pty Ltd v Bowling (1976) 51 ALJR 235 Rumble v The Partnership trading as HWL Ebsworth Lawyers [2020] FCAFC 37 Shannon v Transfield Worley [2001] FCA 527; (2001) 113 FCR 53 Shizas v Commissioner of Police [2017] FCA 61 Stephens v Australian Postal Corporation [2014] FCA 732 Tattsbet Limited v Morrow [2015] FCAFC 62; (2015) 233 FCR 46
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