Sydney Trains’ lies and buyer’s remorse
26 December 2024
Dear Members,
Just when you thought Sydney Trains could not stoop any lower, we see them coming out with blatant lies in an attempt to mislead members.
On Tuesday, 24 December, as everyone knows, we strategically withdrew a number of industrial actions, with most ceasing to apply at 2359hrs on 29 December 2024.
There was no offer made by Sydney Trains which was accepted by the RTBU. This is a fiction. Observing that their case had fallen apart because of our strategic withdrawals, Sydney Trains, in cahoots with big business against workers, pulled their law suit which allowed us to continue with our remaining actions.
It seems now that Sydney Trains has a serious case of buyer’s remorse and have misunderstood the effect of what they’ve done. This isn’t uncommon and was what resulted in the lockout on 21 February 2022.
To correct some of the blatant lies and misleading statements made by Matt Longland in his email, see below:
1. Refusing to use the call truck is not “unlawful” – it is protected industrial action under our ban on working with non Sydney Trains and NSW Trains direct hire employees. Given the ongoing disrespect from Sydney Trains and the NSW Government, members should enforce this ban.
2. Refusing to work in locations where contract cleaners clean facilities is not “unlawful”. Like the above, it is protected industrial action. Continue to enforce this ban.
3. The RTBU have never agreed to the ban being just for labour hire. This would be contrary to the wording of the ban.
4. If Sydney Trains deducts 4 hours pay from any member, this is adverse action and an unlawful deduction from your pay. If this happens, immediately send an email to you delegate. The RTBU will back anyone viciously attacked in this way by Sydney Trains in the above way with every resource available to us. We will be seeking penalties and damages if Sydney Trains follows through on this threat.
5. There was no agreement made with Sydney Trains about withdrawing action on Christmas Eve – instead Sydney Trains and NSW Trains withdrew their applications before FWC on the basis of two undertakings made by the RTBU to the Commission.
The entire email you just received from Matt Longland is an egregious breach of the Fair Work Act in and of itself. Under s.345 of the Act, and employer must not mislead employees about their workplace rights. Sydney Trains have blatantly lied about the status of the industrial action in numerous ways.
This is a serious breach.
Sydney Trains have been doing this for sometime now – misleading employees to make notes on their timesheets, or demanding managers be advised about them taking industrial action. To be clear, you are under no obligation to tell your managers that you are taking part in industrial action: see s.349 of the Act.
Every member should view Longland’s message as a contemptuous and provocative declaration of war. They didn’t have to behave like this, it was a choice, a strategy. It is utterly unconscionable to send threats, lies, and gaslighting rhetoric to members who are either hard at work supporting the community during the festive season or, if lucky, spending time with friends and family.
It’s hard to see how Sydney Trains comes back from this. Respect will not be restored with connived depot visits, performative smiles, or stale Krispy Kremes. Rail workers have long memories and there will be ramifications for the choices made in recent days.
Regards
Toby Warnes
Branch Secretary
RTBU NSW