NSW Government slams union’s opal card industrial action
The NSW government has warned bold industrial action on the state’s rail network could endanger the lives of the public and staff.
NSW’s Transport Minister says the latest industrial action set to hit the state’s rail network could endanger lives, as tensions continue to escalate between the rail union and government.
The Rail, Tram and Bus Union (RTBU) plans to deactivate Opal card reader machines from Wednesday next week, meaning commuters will travel for free without any way to touch on or off.
The Opal blackout will be part of a range of new industrial actions which will begin on September 21 and continue “indefinitely”.
Transport Minister David Elliott said the proposed action was a “new low”. He also alleged it was potentially illegal.
“We have seen a new low in industrial relations in this state,” he heatedly told reporters on Thursday.
“Not for half a century have we seen a union initiate and instigate illegal activity.”
RTBU NSW secretary Alex Claassens has told members they can shutdown the reader machines by flicking the switch or tripping the circuit.
“You can turn the gates off in any way under this action. For example, by pressing the emergency egress button, flicking the internal switch on legacy gates or tripping the circuit breaker for the stand-alone Opal ‘poles’,” he said in a statement to members on Tuesday.
“We need to make sure that all gates get switched off and stay off. If anyone comes to your station to switch the Opal readers back on, please let us know immediately as this may constitute adverse action.”
Mr Elliot said these instructions were “very dangerous” and could put lives at risk.
“These instructions from the unions to tell its members to flick switches, to hit emergency lines, to disengage, and trip electronic equipment … is potentially illegal and it is very, very dangerous,” he said.
“I’m calling on the union to withdraw this instruction.
“I’ve taken legal advice that suggests that it is actually illegal and of course it will potentially put the lives of commuters and the staff at Sydney rail in danger.”
He was he said was “horrified” by the proposed “vandalism” and would pursue legal action if it occurs.
“I will go through any court in the country to make sure that any person that is seen to be doing this is prosecuted,” Mr Elliot said.
“I’m saying to the union, that if your members deliberately break the law, I will pursue through any avenue I can for those staff members to be charged prosecuted and set.”
Mr Elliot said the forfeited revenue as a result of this action “will be in the tune of the millions”.
A Transport for NSW spokesperson told NCA NewsWire on Wednesday night that they thought the action was unlawful and legal advice would be sought.
“Sydney Trains is aware of reports regarding the Rail Tram and Bus Union (RTBU) shutting down all Opal reader machines commencing on 21 September 2022,” they said.
“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.”
But Mr Claassens said earlier on Wednesday he believed the move was allowed under their range of protected industrial actions.
“As far as we’re concerned, we’re within our rights to do that, it’s protected industrial action,” he said.
“If they’ve got a problem with that, they can take us wherever they need to take us to have that conversation.”
The RTBU and state government’s dispute is centred on a new pay deal, which has resulted in multiple strike actions, commuter chaos and heated negotiations.
Tensions reached a breaking point at the end of August after 70 per cent of Sydney’s train fleet did not run on the final day of the month following the union’s refusal to operate foreign-made trains for 24 hours.
This led to an infuriated Premier threatening to tear up their enterprise agreement and take the matter to the Fair Work Commission.
But the RTBU subsequently applied to the Fair Work Commission for good faith bargaining orders following the Mr Perrottet’s ultimatum.
In doing so, the RTBU hoped to bring the government back to the bargaining table and stop it from following through on its attempt to terminate the enterprise agreement.
The RTBU is seeking an annual pay bump of 3.5 per cent for rail workers, while the government has offered an increase of 3 per cent.
The state government also committed to addressing the union’s safety concerns with a $2.8bn intercity train fleet, which has been left to collect dust while workers refuse to operate it.
Next week's industrial action will not be the first time the rail union has attempted to target the government’s pockets.
Station staff left gates open at stations across the state and stopped issuing fines and cautions as part of a wave of industrial action throughout August.
But Opal card readers were left on and most passengers still decided to tap on despite there being no enforcement in place.
Mr Perrottet said on Wednesday that 90 per cent of travellers still tapped on.
“That just shows that the people of NSW just want to get on with it,” he told reporters.
A Transport for NSW spokesperson thanked the majority of commuters for still tapping on when gates were left open.
“Between August 13 and September 2, there were approximately 670,000 tap-ons daily on an average weekday in the Greater Sydney area,” they told NCA NewsWire.
“This compares against the daily weekday average of approximately 770,000 tap-ons in May, when there was no industrial action.
“Transport for NSW thanks the vast majority of Sydney rail customers who did the right thing by continuing to tap on and off with their Opal cards during the recent protected industrial action.”
The unions are worried the state government may try to turn Opal card readers back on once their action begins next week.
“If there is no way to tap on or off, you cannot be fined. Please remain vigilant as the NSW Premier may try various tactics to turn machines on,” Unions NSW told commuters on Wednesday.
MAJOR ANNOUNCEMENT
— Unions NSW (@unionsnsw) September 14, 2022
All opal machines at train stations in Sydney and NSW will be turned off indefinitely, from Wednesday next week.
If there is no way to tap on or off, you cannot be fined. Please remain vigilant as the NSW Premier may try various tactics to turn machines on.
Other actions the union are taking in September include a ban on wearing lanyards and name badges, a ban on making announcements regarding Opal processes or issues, a ban on station staff participating in online training or online instructions and a ban on non-safety critical rail emergency management.
These will also start from September 21 and continue indefinitely.
The RTBU and state government met at a Fair Work Commission hearing on Wednesday. They will enter formal conciliation on Friday.
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