the Applicant v Heidelberg Materials Australia Pty Ltd
Citation: [2026] FWC 3105
What happened
the Applicant was dismissed from Heidelberg Materials Australia Pty Ltd on 10 November 2025. The dismissal related to inaccurate timesheets, failing pre-start checks, and breaching fatigue management rules. He worked as an Agitator Driver at the Raymond Terrace depot. The company alleges he refused to attend a meeting. The Transport Workers’ Union (TWU) represented the Applicant.
What was decided
The Fair Work Commission found there was no valid reason for the Applicant’s dismissal. The Commission deemed the dismissal harsh, unjust, and unreasonable. the Applicant will be reinstated to his former position.
What it means for employers
Employers must ensure dismissal reasons are valid and documented. A fair process, including allowing employees to respond to allegations and seek representation, is essential. Failing to follow proper procedures can lead to reinstatement orders.
What it means for employees
If you believe you’ve been unfairly dismissed, seek assistance from a union or legal representative. Document all communication and actions taken by your employer. You have the right to representation during disciplinary processes.
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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