Fair Work Commission calls off Sydney train strike

THE Sydney trains strike planned for Monday has been suspended, with the NSW Premier saying unions “crossed a line”.

THE Fair Work Commission has ruled to suspend Sydney rail workers’ planned 24-hour strike on Monday, saying it would cause “significant damage” to the economy and “endanger” the community.

The decision comes amid questions about the legitimacy of the union’s text-message voting system which was used to determine whether or not workers wanted to strike.

Industrial action that threatened to wipe out the city’s transport system next week has been suspended for six weeks, and the government and union have been urged to negotiate the pay dispute behind the proposed strike.

NSW Premier Gladys Berejiklian told reporters that unions “crossed a line” — in a way she had “not seen in a long time”.

Ms Berejiklian was scathing of the union’s text message poll, which was used to see whether members would accept or decline a new deal put to them yesterday — adding that members only had a short amount of time to respond.

She said the FWC determined today that there is “no reason to have a strike when your (the union’s) members are yet to consider properly an agreement that we believe is fair and reasonable”.

The FWC’s senior deputy president Jonathan Hamberger’s decision means workers will not be allowed to strike during the six-week period, over which time he said he expected the Rail Tram and Bus Union and Sydney Trains to reach an agreement over pay and conditions.

Rail, Tram and Bus Union state secretary Alex Claassens earlier said the SMS poll of members of the latest offer by Sydney Trains was an “imperfect process” but that it was the only mechanism available at short notice to gauge whether workers wanted to call off the strike.

“The text messaging system that we tried to use last night did have some difficulties. I am not saying it was a perfect straw poll. I am very, very sorry that we are in this position.”

An overtime ban that started early this morning caused commuter chaos. Picture: Julian Andrews

In response to today’s Fair Work Commission’s ruling, Mr Claassens said it was “disappointing the NSW Government has let it get to this point”.

“Of course we will always adhere to Fair Work Commission rulings, but a much quicker resolution to this would be for the Transport Minister to simply come to the table with a fair and reasonable agreement for the workforce,” Mr Claassens said.

“Commuters and workers deserve a quick resolution to this. The Transport Minister can deliver that simply by coming to the table with a reasonable offer.

“Workers don’t want to be in this position. We just want to get back to doing what we do best — keeping our trains moving — but we can’t sit back and let our transport services and wages and conditions continue to be attacked.”

An indefinite overtime ban, which came into effect at 12.01am today, was also suspended.

In his decision, Mr Hamberger said the action was “threatening to cause significant damage to the Australian economy or an important part of it”.

“I am satisfied, based on the evidence, that this industrial action taken together — or indeed separately — threatens to endanger the welfare of a part of the population,” Mr Hamberger said.

The FWC also decided the current and threatened industrial action would affect people in Sydney and the surrounding areas who relied on the services to get to work, school, and other activities, as well as those “who will suffer from the increased congestion on the roads that would be an inevitable consequence”.

The order comes into effect at 6pm tonight.

NSW Premier Gladys Berejiklian told reporters that unions ‘crossed a line’ — in a way she had ‘not seen in a long time’. Picture: AAP Image/Dan Himbrechts

More than 9000 rail workers had planned to stop work from midnight Monday over a dispute with management about pay and conditions, which would have forced the closure of all train stations and cancellation of all services in Sydney and across NSW.

“Now, we have certainty,” Ms Berejiklian said a press conference. “Children can resume their school — parents can go back to school this week, or have their children go back to school, in full knowledge that there is a transport system there to serve them day-in and day-out.”

“Customers must always come first. The customer is at the heart of everything we do in transport or in government — it’s all about the community, it’s all about the customer, it’s all about the citizen. And nobody should forget that — especially the union leadership.

“And I call on all parties — including Sydney Trains, including the unions — to continue in good faith to put this fair and reasonable agreement to their workers. We want to ensure not only that we have a robust and well-run rail network, but also that the community is not left with the uncertainty they were left with.”

Transport and Infrastructure Minister Andrew Constance added that 1.3 million customers are going to be breathing a sigh of relief because of today’s news.

“Our customers are not cannon fodder for industrial disputation,” he said. “Those days are long gone.

“What has been shown through Fair Work this afternoon is that a government was prepared to negotiate in good faith in the interests of customers, in the interests of those 9500 employees, who deserve to be consulted properly in relation to this agreement. That was our priority, and it was endorsed by Fair Work today.”

Monday marks the start of the new term for private schools in Sydney and public school teachers, while many will return to work after holidays.

The decision against the strike is a win for the government, which claimed the planned strike could cost the economy up to $90 million and threatened to endanger people’s lives, safety, health or welfare.

Legal action brought by Industrial relations minister Dominic Perrottet and Sydney Trains followed a poll by the RTBU, which asked its members via text message whether management’s latest pay package was good enough to stop industrial action.

Less than six per cent responded in favour of accepting the deal.

Appearing before the FWC earlier on Thursday, the lawyer representing Sydney Trains, Michael Seck, said the strike was intended to cause “maximum damage”.

“It’s been timed optimally to cause maximum damage and maximum inconvenience to the patrons who use the rail network,” Mr Seck told the Commission.

Mr Seck argued that some people who provide essential services — including police, paramedics and firefighters — won’t be able to get to work, compromising the public’s health and welfare.

The Commission was also told that some elective surgery would have to be cancelled and the Sydney Dental Hospital would only be able to deal with emergency appointments.

The RTBU, through its lawyer Anthony Howell, said suspending the industrial action would do “very little” to assist in resolving outstanding issues. Monday’s strike was “one-day alone” and was a “reasonable and measured form of stoppage”, he said.

He also labelled “minuscule” the estimated $90 million dent to the state’s economy, given it was worth at least $600 billion.

Workers have been offered a 2.75 per cent a year pay rise as part of a package including free bus travel and a one-off $1000 payment.

The union has been seeking a six per cent pay increase and improved conditions.

— With AAP