Compensation demands, sack threats over train union’s plans to shutdown Opal network

Ministers have threatened to sue for lost revenue and sack workers if the train union pushes ahead with its threat to turn off Opal machines as part of ongoing industrial action.

A senior NSW minister has vowed he will chase train unions for any revenue lost through plans to shut down the state’s Opal card network.

It came as Transport Minister David Elliott declared he would push for union members who broke the law to be “prosecuted and sacked”, in the latest fiery exchange between the government, and Rail, Tram and Bus Union (RTBU).

Mr Elliott said the government had received legal advice which appeared to show the union’s pledge to shut the Opal network next week was a “new low in industrial relations in this state”.

The Telegraph revealed on Thursday that a union memo to members suggested hitting the “emergency egress button, flicking the internal switch on legacy gates, or tripping the circuit breaker for the stand-alone Opal ‘poles’” to turn off the network.

Mr Elliott claimed the actions could damage the network and put members in danger.

The new proposal could end up costing some passengers more. Picture: NCA NewsWire / Dylan Coker

“Anybody that‘s worked on a construction site would know when you trip a circuit, particularly if you’re not a licensed electrician, you are putting yourself in danger,” he said.

“I‘m horrified that grown men and women would tell their members to put themselves in danger and destroy public property … It is potentially illegal.”

He added that if members “break the law, I will pursue through any avenue I can for those staff members to be charged, prosecuted and sacked”.

Industrial relations Minister Damien Tudehope on Thursday evening said the government would be “seeking to recover damages and lost revenue” if the shutdown wasn’t protected action.

RTBU NSW secretary Alex Claassens fired back, saying Mr Elliott’s “raving about the safety issues of turning off an Opal machine are baseless”.

“We’re talking about flicking a switch,” he said. “These are the ramblings of a minister who is desperate to distract from the real issue at hand. If the government has genuine legal advice about our action I’d love to see it, however I suspect this is just more baseless rubbish from a minister desperate to distract from the real issue at hand.”

Concerns about commuters possibly having to pay for Park & Ride facilities if the Opal system is shut down are growing. Picture: Jenny Evans

On Wednesday, The Daily Telegraph revealed a leaked memo distributed to members of the NSW RBTU informing of proposed action to turn off the entire Opal card system indefinitely from Wednesday, September 21.

The new measure may see hundreds of commuters who use Transport Park & Ride facilities whacked with a daily, double-figure parking fee ranging from $20 to $30.

Park & Ride car parks, which are managed by Transport for NSW, enable travellers using public transport to park for free for up to 18 hours a day, provided they tap on and off with an Opal card, or accepted bank card.

Mr Claassens said rules for the state-managed parking lots were out of the union’s control.

“If the Park & Ride system is linked to the Opal card system, then the NSW government needs to ensure people are not charged for their parking,” Mr Claassens said.

A spokeswoman for Transport NSW said the government would work to ensure commuters who used Park & Ride car parks would not be impacted if the measures went ahead.

“If this action goes ahead, Transport for NSW will take all measures available to ensure commuters are not unnecessarily inconvenienced by industrial action, including financially,” she said.

RTBU NSW secretary Alex Claassens.

Transport Minister David Elliott.

A Transport spokeswoman on Wednesday said legal advice was still being sought over the legality of the action.

“Sydney Trains does not consider this ban to be protected or lawful action and is seeking legal advice, and will write to the RTBU seeking a withdrawal of this action,” she said.

It is understood further discussions about Park & Ride facilities, including whether or not parking fees will be waived from September 21, will be undertaken after legalities of the proposed new measure are clarified.

The plans form the latest stage of ongoing industrial action launched by the RTBU ahead of a hearing at the Fair Work Commission over its long-running dispute with the state government.

The action would see the entire Opal card system go dark, with an aim of minimising disruption to passengers.

Mr Elliott said the move was “an act of economic bastardry” which would bite taxpayers.

“We believe that ripping off the taxpayers of this state could be illegal,” he said on Wednesday.

“The union is carrying on as if they are personally targeting the Premier and I.

“It’s not coming out of my pocket. The union is forcing Transport to bleed money, hardly the sort of thing you would do if you’re asking us to invest more.”

On September 10, the rail union reopened Opal gates for another month, although passengers were warned fare evasion fines would still apply.