Tony Burke accused of giving green light for rail strikes

The NSW government has ­accused federal Employment Minister Tony Burke of a ‘brazen intervention’ in favour of rail ­unions in the train dispute.

Rail, Tram and Bus Union (RTBU) members enjoy a barbecue at Central Station as Sydney trains strike during weeks-long planned industrial action. Picture: William Tyson

The NSW government has ­accused federal Employment Minister Tony Burke of a “brazen intervention’’ in favour of rail ­unions in the train dispute after he revealed plans to limit employers’ powers to terminate enterprise agreements in the Fair Work Commission.

Mr Burke wrote to commission president Iain Ross on Friday revealing the federal government would seek to limit the ability of employers to unilaterally apply to the commission for termination of an enterprise agreement, a move NSW Industrial Relations Minister Damien Tudehope ­labelled a “disgrace” that showed a “depth of arrogance”.

NSW Premier Dominic Perrottet laid down an ultimatum to rail unions after months of rolling strikes across Sydney’s transport network on Wednesday, instructing Transport Minister David Elliott to take a “final offer” to the union for its members to vote on.

NSW Industrial Relations Minister Damien Tudehope. Picture: NCA NewsWire/Flavio Brancaleone

If rejected, or if any further ­industrial action took place, Mr Perrottet said his government would shred the existing enterprise agreement, rescind a $1bn offer to modify the state’s new intercity train fleet and terminate the existing labour agreements for thousands of rail workers.

In response, the union said it would ignore a deadline set by the Perrottet government for 5pm on Friday to agree to the enterprise agreement on the table, with Rail, Tram and Bus Union state secretary Alex Claassens warning further industrial action could take place next week.

The standoff between the NSW government and rail unions is set for a showdown in court next week.

In his letter to Mr Ross, Mr Burke said: “The government is concerned by the practice of some employers threatening to terminate agreements as a bargaining tactic”.

Mr ­Tudehope said the letter sent a “clear message” to Mr Claassens to “keep up the strikes” as “Labor has your back”.

“The brazen intervention of Labor into the Fair Work Commission to support the rail unions and their political campaign of rolling strikes is a disgrace,” Mr Tudehope said.

“For Tony Burke to be asking the Fair Work Commission to ­implement his agenda while the summit is still sitting, let alone any consultation occurring on his planed legislation, shows the depth of arrogance and entitlement that the union movement and Labor bring to government.”

RTBU national secretary Mark Diamond said Mr Perrottet’s threats to tear up the industrial agreement would “fall on deaf ears” after the intervention from Mr Burke to protect workers from unfair termination.

“I think if you read between the lines of Mr Burke’s letter is that he is flagging to the Fair Work Commission that legislative change is coming,” Mr Diamond said.

During a brief application hearing at the FWC on Friday, barrister Oshie Fagir outlined seven prospective orders on ­behalf of the RTBU, including the government retracting the threat of terminating the enterprise agreement.

Mr Fagir said the rail unions would not take any action before the hearing next week.

Barrister Tony Wood, representing the government, summarily dismissed the union’s requests, pointing to the 59 meetings and “50,000 hours” of negotiations that had taken place so far, saying the “extensive discussions” had ­already provided an opportunity for a deal to be reached.

Commission vice-president Bryce Cross scheduled a hearing for 11.30 on Tuesday, setting up a clash to discover if the NSW government can unilaterally retract the enterprise agreement.