Delays expected on Sunday as train dispute spills into new day

The fate of Sydney’s rail network hinges on a decision, due to be made on Sunday, about whether a sharp uptick in train drivers calling in sick last week amounted to industrial action.

As Saturday’s hearing at the Fair Work Commission’s William Street offices stretched into its fourth hour, about 80 per cent of services were running on time, but Sydney Trains chief executive Matt Longland warned passengers to expect more delays until a resolution was found.

Commuters have been warned further delays await with the government and union at loggerheads.Credit: Steven Siewert

The state government launched last-minute proceedings in the Fair Work Commission to stop what it called unprotected industrial action, after the city’s train lines were brought to a near-complete halt on Friday when hundreds of unionised drivers and station guards did not show up for work.

That industrial action was, the government’s lawyers argued on Saturday, a huge increase in staff calling in sick, whose absences forced many train services to not run.

The government’s lawyers said there was a “40 per cent and 28 per cent increase in sick leave for suburban drivers and guards respectively” compared with the six preceding Fridays, which pointed to a “co-ordinated and collective approach that [they said] amounts to industrial action”.

But lawyers for the Rail, Tram and Bus Union (RTBU) argued the government had essentially locked drivers out of work because it warned them they would not be paid if they drove slowly, which was an action earlier sanctioned by the Fair Work Commission.

They said there was no evidence, despite searches and cross-examinations, of the RTBU instructing members to take sick leave.

The government has asked the Fair Work Commission to force the RTBU to halt its alleged unprotected industrial action under section 418 of the Fair Work Act. On Wednesday, the commission will also consider the government’s application made under section 435 of the same act to suspend industrial action in the public interest.

Before the hearing, RTBU secretary Toby Warnes claimed the government was “locking workers out and refusing them access to perform their duties”.

The commission on Friday recommended the RTBU withdraw its industrial action, and that the state government withdraw its legal action – its warning to reduce or cut off the pay of drivers who drove trains slowly or did not show up for work.

The government said it would withdraw its action if the RTBU withdrew its own, which the RTBU refused to do.

This action was the latest in a months-long dispute over a new pay agreement for train drivers. Despite reportedly coming close to an agreement this week, the RTBU said it expected a $4500 one-off payment from the last agreement to be paid again.

But Transport Minister John Graham – who has been in the role just a week after Jo Haylen resigned over her use of government cars – said the government had not agreed to a recurring payment.

“If the government agreed to this most recent demand, when would this end?” he said.

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