RTBU applies for a variation or revocation of industrial action suspension order
Since the Fair Work Commission made an order suspending our industrial action on 19 February 2025, the unions of the CRU (RTBU, AMWU, ASU and Professionals Australia) have been working hard to try and finalise the negotiations for the enterprise agreement.
Unfortunately negotiations require two parties, and Sydney Trains & NSW Trains have refused to meet us to develop and finalise drafting. Instead, they have unilaterally produced their own document that transparently winds back our previously negotiated conditions, and also tries to grab back some existing conditions.
Obviously that is something we can’t and won’t stand for. Good faith negotiations require parties not to flip flop on bargaining positions. It’s a terrible way to negotiate, but has unfortunately been a feature of their bargaining under this Government as well as the last. Be it strategy or incompetence, it doesn’t really matter – it’s simply not good enough.
Since 19 February, we’ve also been looking for a clear legal path forward to address the order made suspending our industrial action. Unfortunately our advice is that an appeal to the Federal Court seems to have little to no prospects of success.
However, off the back of this most recent flip flop, our Legal Team has identified an avenue to apply to the Commission to vary or revoke the suspension order made. The Full Bench, in its reasons for the suspension, relied very heavily on the fact that on the night of 13 February, we were only one issue apart from reaching agreement (the one issue being the status of the $4500 sign on bonus and its effect on the 3rd year pay rise). Now, the employer has moved away from that position, putting us significantly further apart than where the Full Bench envisaged.
The application to vary or revoke was made this morning, and we are hoping to be back before the Commission soon to have this heard.
In the meantime, next Tuesday, 18 March 2025, our EA delegates are due back before the Commission for conciliation to attempt to continue the push to finalise the enterprise agreement.
Remember to keep an eye on your emails, our website www.fightingforourfuture.com.au, or speak to your EA delegates if you require any further information.