Union cans ‘illegal’ plan to switch off rail fares
Unions have vowed to continue “alternative” forms of action after the NSW government challenged the legality of a plan to switch off Opal machines on railway platforms.
A union plan to switch off Opal machines on railway platforms that would have allowed commuters to travel free has been abandoned after the NSW government challenged the legality of the move, but unions have vowed to continue “alternative” forms of action.
The Rail Tram and Bus Union had threatened to deactivate the machines in Sydney from Wednesday in its ongoing industrial dispute with the Perrottet government, despite the two parties undergoing conciliation.
The plan would have meant not simply leaving station gates open as occurred in August but preventing commuters tapping on and off even if they wanted to follow the honesty system urged by the government.
The union did an about-face at the weekend after the government said it had legal advice the proposal was prima facie unlawful and lodged an application in the Fair Work Commission to have the “destructive” step declared an unprotected industrial action
“The NSW government remains committed to bargaining in good faith but will take all measures available to ensure taxpayer assets are not tampered with as part of the union’s Labor-endorsed campaign of strikes and disruption for commuters,” a state government spokesperson said.
The government signalled it would be seeking to recoup lost revenues and damages from the union.
Early on Sunday morning, Unions NSW tweeted: “The RTBU has withdrawn its action to leave gates open and turn off Opal machines at train stations.”
RTBU NSW secretary Alex Claassens denied the union had backed down, saying the government had engaged in “sneaky tactics” and insisting the proposed actions were not illegal or “sabotage”.
“Although the union is confident the government is wrong, given the irrational and illogical threats made by the Transport Minister last Thursday to ‘sack or prosecute them [members]’ for exercising their lawful workplace rights, the delegates made the decision to cancel the action of turning off Opal machines scheduled to start next Wednesday.
“However, now because of this dirty trick, commuters will not be getting free travel from Wednesday.
“The RTBU NSW is fully committed to giving fare free travel to commuters and is now considering alternative ways that this can be achieved,” the union said in a statement.
An email to RTBU members sent last week had given instructions on disabling the Opal readers.
“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 standalone Opal ‘poles’.”
During a sometimes fiery press conference on Thursday, NSW Transport Minister David Elliott savaged the unions for reaching a “new low in the union movement ... vandalism at best”, saying the conduct was “potentially illegal” and “very, very dangerous”.
“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,” Mr Elliott said.
“I’m horrified that grown men and women would tell their members to put themselves in danger and destroy public property.”
Sydney commuters have been buffeted by months of industrial action across the city’s rail network amid an ongoing disagreement over the safety modifications to the state’s new Korean-built intercity fleet and union demands for a pay increase above the 0.5 per cent public sector wage cap.
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