Federal enterprise agreement promise could impact rail dispute

As the fiery dispute between the NSW government and the rail union continues, a federal government vow to stop employers tearing up enterprise agreements may complicate the feud.

The federal government has vowed to regulate employers shredding enterprise agreements just days after the NSW Premier threatened to tear up existing entitlements for train drivers amid strike chaos.

Employment and Workplace Relations Minister Tony Burke wrote to the president of the Fair Work Commission after the Jobs and Skills Summit with the promise to limit the ability of employers to terminate existing agreements to use as a bargaining chip.

“A further commitment given in connection with the summit was that the government would seek to legislate to ensure the process for enterprise agreement termination is fit for purpose and fair,” the letter said.

“The government’s reforms will be aimed at limiting the circumstances in which employers can apply unilaterally to the Commission for termination of an agreement where termination would result in reducing employees’ entitlements.

“The government is concerned by the practice of some employers threatening to terminate agreements as a bargaining tactic.”

MP Tony Burke’s letter

weights in on the train strike action.

Employee Relations Minister Damien Tudehope described the letter as “extraordinary” with the move designed to further empower the unions.

“Anthony Albanese has now injected himself into this dispute and his hands are now all over it,” he said.

“This is an extraordinary intervention by Federal Labor in this rail dispute. It’s further proof that Labor are up to their eyeballs in this.

“Labor just can’t help themselves, and it shows they’ll do anything to help out their union mates.”

Mr Burke’s letter came just hours before the NSW government’s 5pm Friday deadline and ultimatum to unions — either stop industrial action or see the existing enterprise agreement and New Intercity Fleet deed torn up.

“[Industrial action] will be evidence relied upon by the government that the unions have no interest in getting that [new] enterprise agreement approved,” NSW Industrial Relations Minister Damien Tudehope said.

Employee Relations Minister Damien Tudehope. Picture: Flavio Brancaleone

“And in those circumstances, the government will be left with an opportunity to commence proceedings for termination. We are not softening our approach.”

It comes as the rail union has threatened more strikes are on the way, refusing to back down after the Premier’s vow to tear up the enterprise agreement.

Dominic Perrottet gave the Rail, Tram and Bus Union (RTBU) the ultimatum – promise an end to the strikes by 5pm Friday or see the enterprise agreement and deed to modify the New Intercity Fleet scrapped.

But RTBU NSW boss Alex Claassens said industrial action could ramp up over the coming weeks.

RTBU NSW Secretary Alex Claassens has warned more train disruption could be on its way. Picture: NCA NewsWire/Dylan Coker

“For the last few days, we have been working towards a positive outcome but the documents they’re trying to force us to sign are not in the best interests of members or commuters,” Mr Claassens said.

“We have no intention of stopping our protected industrial action and the Premier shouldn’t be surprised if more industrial action is called next week.”

The attendance of a Labor MP at negotiations with the rail union crippling Sydney with industrial action is the “smoking gun” that proves train strikes are a political ploy by the Opposition, Transport Minister David Elliott has claimed.

Mr Elliott made the comments after Opposition treasury spokesman Daniel Mookhey met with the RTBU) on Thursday.

The train network suffered major delays on Wednesday as strikes took out about 75 per cent of services. Picture: John Grainger

It comes as the union was given 24 hours to call off strike action or the government would tear up its $1 billion Intercity fleet modification offer after 5pm on Friday.

“Today we found the smoking gun. Daniel Mookey has repeatedly denied that he has been engaging with the union and providing tactical and strategic advice over these strikes,” Mr Elliott said, calling it an “unholy alliance” and claiming the union paid $1 million a year in alliance fees to Labor.

“(Mr Mookhey) isn’t even the shadow transport minister so his presence today … is proof positive that this is a co-ordinated and deliberate campaign against the Perrottet Government with the end game being total disruption to our city and state.”

Mr Mookhey said he had accepted an invite to hear the union’s concerns as they continued their negotiations with the government.

Commuters pack onto trains maid strike action. Picture: John Grainger

Opposition treasury spokesman Daniel Mookhey. Picture: Damian Shaw

“They told me about how much more difficult it has been to negotiate with Mr Perrottet’s government than it was with Ms Berejiklian’s, Mr Baird’s and Mr O’Farrell’s,” Mr Mookhey said.

“I told them that I thought Mr Perrottet seems more interested in a fight than a fix.

“I promised that I would make their views clear to all my parliamentary colleagues, including members of the government.”

Transport Minister David Elliott. Picture: Richard Dobson

Mr Claassens called Mr Elliott’s assertions of collusion “rubbish”.

“I know people keep trying to tie me into some conspiracy theory and I’ve got this master plan … and all this rubbish. The reality is we’ve always been able to work with both sides of politics,” he said.

It is understood the union, late on Wednesday night, lodged additional plans to undertake minor industrial action later in September, including leaving barriers open at gates.

Industrial Relations Minister Damien Tudehope said if those actions continued past 5pm on Friday it would be reason enough for the government to shred its current pay agreement, as well as its offer to the union to fix the New Intercity Fleet.

It came after Premier Dominic Perrottet on Wednesday declared no further negotiation would take place with the union, with the government telling the union to take a draft pay agreement to its members.