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New text messages: Train workers told not to accept Monday shifts

Sydney commuters face days of chaos on the train network, with union bosses warning Monday could be “worse” than last week as hundreds of rail workers are expected to not show up to work.

Train delays continue due to Rail Union

Commuters are staring down the barrel of worsening delays, as Sydney Trains employees received mixed messages telling them to stay home on Monday but also to “report to work as usual”.

The text messages were sent just hours after the industrial umpire found there was insufficient evidence that rail staff calling in sick en masse was tantamount to co-ordinated industrial action.

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Some text messages, sent to multiple central intercity guards, asked workers not rostered on not to accept extra shifts.

“Please do NOT accept a day in. This undercuts the sacrifice of those participating,” one message reads.

“You do NOT have to work tomorrow if you are a union member. You will miss out on the days pay.”

“You do not have to call ahead and tell anybody that you are not coming in … but please if you do call ahead wait until your sign on time or close to it.”

NSW Rail, Tram and Bus Union Secretary Toby Warnes. Picture: NewsWire / Damian Shaw
NSW Rail, Tram and Bus Union Secretary Toby Warnes. Picture: NewsWire / Damian Shaw
Sydney Trains CEO Matthew Longland. Picture: NewsWire / Damian Shaw
Sydney Trains CEO Matthew Longland. Picture: NewsWire / Damian Shaw

Yet other text messages, sent to rail workers around 6pm on Sunday, “strongly encourage members to report to work as usual and not apply the go-slow” in a “calculated move” to “further highlight the government’s incompetence”.

“By controlling the timing and intensity of our actions, we force the government into a difficult position,” the text said.

The union confirmed last night the messages were not its official communications and The Daily Telegraph could not confirm the source of either message.

Commuters face more long delays on Sydney’s rail network on Monday after the Minns government lost its case in the Fair Work Commission, which found that staff calling in sick and skipping shifts was not evidence of industrial action.

Train delays were extensive across Sydney on Friday due to the industrial dispute. Picture: NewsWire / Jeremy Piper
Train delays were extensive across Sydney on Friday due to the industrial dispute. Picture: NewsWire / Jeremy Piper

It comes after the Minns government alleged the high numbers of drivers and guards calling in sick on Friday amounted to “co-ordinated” unlawful industrial action by the NSW Rail, Tram and Bus Union (RTBU).

The ruling could see commuters left stranded at stations again this week, leaving the option open for workers to continue to take sick leave in the face of having their pay docked by the Minns government for engaging in a train “go-slow”.

The FWC handed down its decision on Sunday morning, with deputy president Thomas Roberts finding there was no evidence that the sick leave absences were a form of co-ordinated industrial action.

“There was no evidence that there was any communication among the employees themselves to co-ordinate such action on an ongoing basis,” he wrote in the decision.

“I am unable to conclude on the evidence that industrial action is now happening amongst the employees. Nor do I think such action is impending, threatened or probable.”

Hundreds of train services were delayed or cancelled on Friday. Picture: NewsWire / Jeremy Piper
Hundreds of train services were delayed or cancelled on Friday. Picture: NewsWire / Jeremy Piper

He said the large number of workers taking sick leave on Friday was likely due to “uncertainty in the workforce as to how they might be affected and whether or not it was in their interest to attend that day”.

Mr Roberts also there was some evidence rail workers were concerned that even if they showed up for work, they would still have their pay docked.

On Sunday afternoon, RTBU NSW secretary Toby Warnes warned the number of cancellations on the train network on Monday “may well be worse than Friday”.

“Consider other methods of transport and work from home if you can,” he said.

Mr Warnes said the number of train workers not turning up to work was caused by the government’s decision to dock the pay of those participating in the train “go-slows” but continued to deny the union was asking workers to stay home.

“The idea that this isn’t a lockout, the idea that it is somehow being generated by the RTBU is complete nonsense,” he said.

“Any disruption that people see tomorrow, Tuesday and into the next week will be caused by the government.”

This comes after it was revealed text messages were sent by an RTBU delegate before Friday morning, urging train drivers to “f--- the network up”.

The government has said it will continue to impose section 471 notices on workers this week, despite the union’s warnings it will result in workers staying home. The government said on Sunday it was still open to dropping the 471 notices if the union withdrew its industrial action, which the union has so far refused.

Sydney Trains chief executive Matt Longland warned commuters to prepare for delays on Monday, saying in the face of Fair Work Commission’s ruling he could “not guarantee quality service”.

“We will continue to see unpredictable delays and cancellations day by day depending on the amount of train crew absent from duty each day,” he said.

Mr Longland said more than 500 train services were cancelled or delayed on Saturday as a result of staff not showing up for work. He said while services on Sunday were largely running on time, around 260 train crew had called in sick.

While union’s claim the number of workers calling in sick is due to the government docking their pay, Mr Longland said the government maintained it would not pay workers for taking industrial action.

Acting Transport Minister John Graham said despite the blow, the government would be looking ahead to the next hearing in the Fair Work Commission on Wednesday, when a full bench would rule as to whether the industrial action be stopped indefinitely while the parties arbitrate.

Despite multiple losses to the union in the Fair Work Commission, Mr Graham said he didn’t believe the court were favouring the union over the government.

“I don’t accept that the results have been one-sided,” he said.

“No matter who is on top at any particular moment, commuters are losing. Small businesses are losing.”

Mr Graham reaffirmed the government’s rejection of an extra one-off payment of $4500 for each worker, which resulted in wage negotiations collapsing last Thursday evening.

“We can’t sign a blank cheque to settle this dispute,” he said

“If we did there would be another demand in six months time and we’d be back here explaining again why another demand was bringing the rail network to a halt.”

Opposition shadow Treasurer Damien Tudehope called on the government to withdraw its 471 notices docking worker pay.

He said the union was “now getting away with unbridled industrial action”, but that the government could better guarantee services on Monday if promised workers who engage in the train “go-slows” would be paid.

Originally published as New text messages: Train workers told not to accept Monday shifts

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Original URL: https://www.couriermail.com.au/news/nsw/sydney-train-commuters-to-brace-for-major-delays-after-union-court-win/news-story/79c056b77d8706893d4711a084d04c55