‘Attacking the bargaining system’: NSW government slammed after 11th-hour bid to stop rail strike hits court

The secretary of NSW’s powerful rail union has slammed Premier Chris Minns’ government for “attacking the bargaining system” as an 11th hour bid to stop industrial action returns to court. The state government launched urgent legal action earlier this month to stop the combined train union from resuming industrial action, though some networks were still impacted. The Australian Rail, Tram, and Bus Union (RTBU) had sworn to undertake more industrial action, including 24 hours strikes and kilometre limits, amid a further breakdown in negotiations. The union has been negotiating with the NSW government for increased pay and 24-hour train services Thursday night to Sunday. So far, no agreement has been reached. In a statement to Facebook, RTBU NSW secretary Tony Warnes said voting on proposed protected action began on Friday, December 13 and would conclude at 4pm on Monday afternoon. Outside of court, Mr Warnes said it appeared the ballot would pass “fairly easily, which means there’s likely to be some industrial action notices going to (Sydney and NSW) trains”. Mr Warnes would not say what the action would look like as it was still being discussed, but said he was “extremely disappointed” by the actions of the NSW government. “The effect of what the Minns’ government is doing is attacking the bargaining system that is used by employees across the country, so we hope the Federal Court sides with us,” he said. “What we are seeing today is absolutely disgraceful against workers all across the country … On the ground, we’ve seen a lot of anger and disappointment, and a real resolve to keep going until we get a fair deal.” The RTBU and representatives of Sydney and NSW Trains returned to court on Monday morning before Justice Michael Wheelahan for a court hearing into a “separate question”. In their submission before Justice Wheelahan, a lawyer for Sydney and NSW Trains told the court the RTBU had applied for a single interest employer authorisation on December 6, 2024. The union had already made a bargaining claim under the agreement with both Sydney and NSW Trains, but was now seeking to include employees working in the bus and tram sectors. In doing so, the train agency’s lawyer said the nature of the bargaining had changed, from single to multi employer bargaining, meaning previous authorised action was no longer valid. “Once the single interest employer authorisation is obtained, the statutory mandate is that employers cannot bargain for … anything other than a multi-enterprise agreement,” he said. “And so, industrial action that had been authorised in pursuit to advance claims in respect of a proposed single enterprise agreement could no longer be pursued for that purpose.” The court was told the bargaining process had earlier commenced “in relation to a proposed single enterprise agreement”, but had “materially changed” with the authorisation being made. Sydney and NSW Train’s lawyer said any protected action ballots taken before December 6 accordingly could not be for a multi- employer agreement, and were not protected actions. Negotiations between the Minns Labor government and the train unions have failed to generate an agreement, with the union looking at industrial action over Christmas and New Years. Premier Chris Minns said the negotiations, which include union claims for a 32 per cent pay rise over four years, had failed to find a “fair deal” after launching the court injunction. “Daily exhaustive negotiations have not resulted in a breakthrough despite the government’s best efforts. I’m disappointed and I’m very sorry about it, “ Mr Minns said last week. Appearing before the court, the Australian Council of Trade Unions, of which four of the five respondent unions are a part, made an interlocutory application to intervene in proceedings. An affidavit was provided to the court by ACTU assistant secretary Liam O’Brien, though the council’s lawyer noted his interest in the proceedings was more indirect than the RTBU. The court was told the council, of which some 30 unions are affiliated, was focused on “broader consequences” and “novel and important questions” about construction of the Fair Work Act. Justice Wheelan rejected the application for intervention, noting he was not satisfied the ACTU’s submissions “will be useful and different from those the respondents proposed to advance” “It is clear that the position of the ACTU and the respondents is of no substantial difference that it would be an appropriate exercise of the court’s discretion to permit the intervention,” he said. The court was previously told the injunction prohibited the union from undertaking protected industrial action, but did not stop individual members from doing so of their own accord. To undertake the protected action, the union would have to be supplied with a list by Sydney and NSW Trains of its members, which their lawyer said would take three days to compile. Mr Minucci told the court last week the proposed action, namely the gradual reduction on the distances travelled by union staff, was not what most concerned the train authorities. Instead, Mr Minucci said, despite the impact on commuters, it was “more problematic effect of the degradation of the integrity of the network, which is as noted, is a cumulative problem”. The hearing will resume on Monday afternoon.