Federal Court of Australia
Federal Court of Australia
Australian Building and Construction Commissioner v CoreStaff WA Pty Ltd (No 2) [2021] FCA 1149 File number: WAD 217 of 2019
Judgment of: BANKS-SMITH J
Date of judgment: 24 September 2021
Catchwords: INDUSTRIAL LAW - adverse action - where declaration previously made as to contraventions of s 351 of the Fair Work Act 2009 (Cth) - assessment of penalties - where employer in labour hire industry took adverse action against prospective employee because of age - where client advised, encouraged or incited employer to take adverse action but conceded liability and expressed remorse - need for general and specific deterrence - penalties imposed including order for part payment to third party
Legislation: Age Discrimination Act 2004 (Cth) s 18 Fair Work Act 2009 (Cth) ss 351, 362, 539, 546
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Botany Cranes Case) (No 4) [2021] FCA 525 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] HCA 3; (2018) 262 CLR 157 Australian Building and Construction Commissioner v CoreStaff WA Pty Ltd [2020] FCA 893 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181 Australian Competition and Consumer Commission v Yazaki Corporation [2018] FCAFC 73; (2018) 262 FCR 243 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith [2008] FCAFC 8; (2008) 165 FCR 560 BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining & Energy Union [2001] FCA 336 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 258 CLR 482 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) [2018] FCAFC 126; (2018) 265 FCR 208 Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1213 Fair Work Ombudsman v NSH North Pty Ltd (t/as New Shanghai Charlestown) [2017] FCA 1301 Fair Work Ombudsman v Theravanish Investments Pty Ltd [2014] FCCA 1170 Fair Work Ombudsman v WKO Pty Ltd [2012] FCA 1129 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Robinson v Western Union Business Solutions (Australia) Pty Ltd [2018] FCA 1913 Sayed v Construction, Forestry, Mining and Energy Union [2015] FCA 338 Sayed v Construction, Forestry, Mining and Energy Union [2016] FCAFC 4; (2016) 239 FCR 336 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076 Woodside Burrup Pty Ltd v Construction, Forestry, Mining & Energy Union [2011] FCA 494; (2011) 220 FCR 551
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