Reprieve for Sydney commuters as rail unions withdraw industrial action

Rail unions have dropped more than 350 work bans that threatened to disrupt Sydney’s network until at least the end of March, resulting in the NSW government withdrawing its case seeking the termination of industrial action due to the economic harm caused.

In a replay of the legal manoeuvres in the lead-up to New Year’s Eve fireworks, the Rail, Tram and Bus Union (RTBU) and several other unions notified that they had withdrawn actions indefinitely, hours before the start of a Fair Work Commission hearing of the government’s case.

The Electrical Trades Union (ETU), which is one of six involved in the pay dispute, initially did not withdraw a number of partial bans. But after discussions with government lawyers during a hearing adjournment, it dropped partial work bans until the end of March.

The actions withdrawn by the RTBU and other unions pertain to those that the government’s legal case was based on, including crew driving trains 23km/h slower on sections of track where the speed limit is more than 80km/h.

Transport Minister Jo Haylen said the unions’ withdrawal of more than 350 bans as a result of the government’s legal action meant there was no longer a cloud hanging over rail operations and negotiations over a new enterprise agreement could continue.

“The unions made a formal undertaking to the Fair Work Commission to withdraw their action, and that there would be no further action while we negotiate this dispute,” she said. “We will not hesitate to go back to Fair Work to protect passengers.”

However, RTBU state secretary Toby Warnes said the union would have no choice but to “re-escalate our campaign” if the government did not return to the bargaining table.

Warnes said it would have to give the rail operators at least 10 days’ notice if the union decided on new actions unrelated to those which had just been withdrawn. He conceded that this would prevent the unions from taking new forms of industrial action over the Australia Day long weekend.

Asked why RTBU had dropped the actions, Warnes said it had done everything in its power to ensure that the government withdrew its application to Fair Work.

“We don’t dispel the possibility that the government will continue just trying this on until we can finally get to an agreement,” he said. “My message to the government and to [Premier] Chris Minns is, pick up the phone; let’s negotiate; let’s get this done.”

RTBU secretary Toby Warnes arrives at the Fair Work Commission on Wednesday.Credit: Ben Symons

The ETU said in a statement that electrical workers were planning for a new round of protected industrial action, beginning as early as February 4, due to the government’s “refusal to sit down and negotiate a fair deal”.

The union said stoppages would be limited to a maximum of three days a week, and up to eight hours per day, and 24 hours a week. “Ample notice will be given to Sydney Trains about the stoppage schedule to allow management to mitigate any disruptions for the public,” the ETU’s Alana Heffernan said.

Work bans caused thousands of train services to be cancelled or delayed across Sydney’s rail network over two days last week, culminating in the government making its bid for industrial action to be terminated or suspended under Section 424 of the Fair Work Act.

Last Thursday, Fair Work issued an interim order suspending protected industrial action pending the full hearing this week into whether work bans were damaging the economy.

The withdrawal of both industrial action and the government’s case on Wednesday comes after two days of conciliation between the rail unions and senior transport officials failed to achieve a breakthrough in the long-running dispute over a new enterprise agreement.

The failure to reach a deal came despite unions putting a counter-offer to the government for a pay rise of 11 per cent over three years – less than half what they were seeking when negotiations kicked off eight months ago.

On an annual basis, it effectively matches the government’s four-year offer of 4 per cent in the first year, followed by 3.5 per cent in the second and third years, and 3 per cent in the fourth.

One of the main stumbling blocks in the dispute now is a risk-assessment clause that the government wants removed. The previous Coalition government agreed to insert the clause in the last enterprise agreement after a protracted dispute in 2022 over the state’s new intercity train fleet.

The clause requires transport authorities to consult unions on risk assessments for new train fleets or major changes to rail infrastructure.

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