Melbourne street cleaner Shaun Turner has successfully challenged his sacking by Darebin City Council, after he was dismissed for questioning the use of an Acknowledgment to Country at a weekly toolbox meeting.

Turner objected when the council introduced the ritual into meetings for the street cleaning team, saying he believed Australia’s servicemen and women should be thanked instead.

"It is now being done at the opening of a postage stamp,” Turner told council managers. “I don’t need to be welcomed into my own country.”

He also said he felt Acknowledgments to Country were “getting out of hand” and should be reserved for special occasions. According to The Australian, Turner made the comments during a meeting with council managers while accompanied by an Indigenous support person.

The council’s chief people officer, Yvette Fuller, told Turner there were “very strong expectations” for the Acknowledgment to be performed at “all formal meetings”. Turner then questioned why one had not been conducted at the investigation meeting itself.

Darebin Council claimed Turner said the Acknowledgment was unnecessary and that Indigenous people did not “deserve an acknowledgement at the start of meetings”. They also alleged he made derogatory remarks about a colleague.

Here’s another government building that’s taken down our national flag and replaced it with the flag of terrorists. All thanks to Labor/Greens/Teals enablers

This time it’s Darebin Council

Let’s be clear, provoking racism is never ok

The Council are endangering members of… pic.twitter.com/dgCXl9SfNZ

— Lisa (@Lisa9Sophia) July 10, 2024

However, Fair Work Commission deputy president Richard Clancy found the council misrepresented Turner’s statements.

“I do not consider that expressing such an opinion constitutes a valid reason for dismissal,” Clancy said. He noted Turner’s remark “are you joking?” was a spontaneous reaction of genuine surprise.

Clancy said that even if the reasons for dismissal were valid, “the dismissal was harsh because it was disproportionate”.

Turner told the Commission he believed he was unfairly labelled a racist.

“Well, I’ve got to say that I was brought up in Broadmeadows. I come from a family of eight. My best friends out at Broadmeadows happen to be Aboriginals, one of them marrying my sister. I have a niece and great-niece and nephews who are all Aboriginals.”

A follow-up hearing will determine whether Turner will be reinstated or receive compensation.

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