Train chaos threatens as rail union appeals industrial suspension

Sydney commuters could face a return of industrial mayhem on the rail network should rail unions succeed in their appeal on industrial action bans.

Sydney commuters could face a return of industrial chaos on the rail network in the coming weeks should rail unions be successful in their bid to overturn a federal court ruling preventing industrial action until July 1.

The Rail, Tram and Bus Union (RTBU) will appear in the Fair Work Commission on Friday, seeking a hearing date to have the suspension revoked, which could allow them to wreak chaos on the network should they be successful. On Monday they will again look to argue that the Minns government is not bargaining in good faith.

The Minns government won its case against the union in February, with the Commission suspending the industrial action to allow for a wage deal to allow parties to “cool off” and reach a wage agreement.

During the hearing last month, the RTBU said there was only one sticking point around a $4500 lump sum bonus payment preventing an agreement from being reached.

Sydney commuters could face a return of industrial chaos on the rail should rail union’s win their appeal. Picture: NCA NewsWire / Jeremy Piper

Yet now the union is accusing the NSW government of attempting to renegotiate the deal, now they are not facing the risk of industrial chaos.

In an application to the court, the RTBU stated it was seeking to “vary the length” of the order because it had not achieved the intention of the Commission in bringing parties closer to an agreement.

Instead, the unions stated that Sydney Trains “have changed their position on key matters and the parties are further apart than they were before”.

The RTBU accused the government of using the suspension order to “unwind” progress on a deal and “renege on matters agreed … and advanced several new claims”.

Rail, Tram and Bus Union secretary Toby Warnes will fight to have the suspension order revoked at the Fair Work Commission. Picture: NewsWire / John Appleyard

In particular, it says the government has backflipped on promises to backpay workers from May 2024, instead saying they will now be paid from the date a deal is approved.

Unions NSW boss Mark Morey accused rail bureaucrats of stalling negotiations by “clawing back” conditions they had already agreed to.

Mr Morey called on new Transport Minister John Graham to force Transport for NSW to finalise a deal.

“I know the rail unions and the travelling public have had enough of it.

“It’s up to the government now to close this out,” he said.

He said bureaucrats have been “clawing back things that they’ve agreed to,” including a “whole lot of conditions” that were negotiated at the height of the rail chaos.

Premier Chris Minns denied the accusations on Thursday morning.

When asked if the government had reneged on promises previously agreed to prior to the suspension order Mr Minns said: “No, absolutely not.”

“It may be that they’ve made demands that we haven’t agreed to in the past.”

Premier Chris Minns denied reneging on any promises made to the union during the wage negotiations. Picture: NewsWire/ Gaye Gerard

The Premier said any claims that the government was not bargaining in good faith and that communications had fallen apart with the union were “utter rubbish”.

“There would be so much conversation between the union, their delegates, their representatives, their peak bodies and the NSW government from front line negotiators all the way up to myself,” he said.

“I can’t tell you how utter rubbish that is.”

A Transport for NSW spokesperson also said that that Sydney Trains and NSW TrainLink had “not reneged on anything”.

“Forcing more inconvenience on rail passengers is not going to bring the parties together,” the spokesperson said.

In the decision of Commission President Adam Hatcher handed down in February, he wrote that “the suspension should not be seen as an opportunity to unwind the progress that had been made” or “to renege on matters already agreed in principle or to advance new claims”.