EA Bargaining: Our Response to the NERR

31 May 2024

Dear Members,

We need to discuss the recent Notice of Employee Representational Rights (NERR) issued by Sydney Trains and NSW Trains.

Although it seems straightforward, whether management knows it not, the issuing of the NERR for a “single enterprise agreement” essentially means that the entities may end up bargaining for separate agreements.

It has been presented that they intend to bargain together. However, it is crucial to recognise that from 1 July 2024, we believe that Sydney Trains and NSW Trains will no longer be related entities. This means they cannot make a single agreement as traditionally understood.

Under section 248 of the Fair Work Act 2009, Sydney Trains and NSW Trains can only make a single-interest employer agreement. This distinction is vital because it suggests that the current move to issue a NERR as related employers for a “single agreement” could be a strategy leading to separate enterprise agreements, rather than one agreement that we fought so hard for last bargaining round.

In light of this, your vote in our Member Support Vote holds more weight than ever. We must support a single-interest employer agreement that ensures Sydney Trains and NSW Trains bargain together under any circumstances. This is a pivotal moment to assert our collective strength and demand a fair and transparent bargaining process – if you haven’t already, vote now at the following link.

Vote wisely. Vote for unity. Vote for a single-interest employer agreement.

In Unity,

RTBU NSW