The Rail, Tram and Bus Union (RTBU) is calling for an immediate return to negotiations over safety on the Sydney and Central Coast rail network after the Fair Work Commission declined to ban future industrial action last week.
On July 8, Commission Deputy President, Bryce Cross, dismissed an application from the State Government for a termination of any further industrial action by unions over safety conditions.
The Government had applied for an order to suspend or terminate protected industrial action on the grounds of endangering life and the economic impacts.
But Cross found that “no part of the protected action of the unions (either individually or together) … has threatened, is threatening, or would threaten to endanger the life, the personal safety or health, or the welfare, of the population or of part of it, or cause significant damage to the Australian economy or an important part of it”.
RTBU NSW Secretary, Alex Claassens, said that while the ruling is a positive for rail workers who have done everything by the book, the victory means little unless it finally forces the NSW Government to act.
“We’ve won in the Commission, but we still don’t have a commitment from the NSW Government that it will make the safety changes required to the New Intercity Fleet, and confirmation that any changes made won’t come at the expense of workers’ take-home pay and conditions,” Claassens said.
He said there is no action currently planned and unions were seeking a return to “proper negotiations” as soon as possible.
“This has been a remarkable waste of taxpayer dollars,” he said.
“The NSW Government ran, and lost, a case aimed at stopping protected industrial action that doesn’t even currently exist.
“They stopped the entire network in February and they’ve been caught out deliberately withholding services again this past week, all to make an ideological political point.
“We need to sit down at the table and get a resolution that delivers safe trains and fair wages and conditions; it’s as simple as that.”
Claassens said the Government appeared to have deliberately held back commuter services late last week and tried to blame union action for it, despite the fact the unions had toned down industrial action in light of severe weather conditions.
While the Government claimed the unions had lifted many bans last week in light of the impending Fair Work Commission hearing, Claassens said the decision had been made in the public interest as savage storms ravaged Sydney and the Central Coast.
Acting Minister for Transport and Metropolitan Roads, Natalie Ward, said the unions have received a signed letter of commitment from the NSW Government for reconfigurations to the safety regulator approved New Intercity Fleet trains and urged the unions to continue negotiations to resolve the dispute.
Terry Collins