Today’s 424 hearing result and the raw facts about our counter-offer
This morning, we saw off another anti-worker attempt by the NSW Government to terminate our industrial action. We had to withdraw some of our industrial action in order to ensure that their case failed, but the importance of beating the 424 application cannot be understated. The Premier himself in his press conference said that he wanted a termination of industrial action which would lead to arbitration – a result that is good for none of us.
Today the Government presented to the Commission with over 12 barristers and solicitors – a fantastic use of tax payers money. Anything other than sitting at the bargaining table with your EA delegates and actually bargaining.
Our industrial campaign can now continue, but it is important we keep in mind that we’re taking on a recalcitrant Government that has gone rogue and completely abandoned the people it is supposed to represent. We believe that at every turn from now until the end of the bargain, the Government will try to launch some form of legal action against us to stop us – a new reality we all have to grapple with.
Regardless of media reports, knocking over the 424 was our main priority, and we’ve done that.
Our counteroffer
There has been a lot said about our counteroffer in the media. The offer was meant to be confidential to ensure integrity of the process before the Fair Work Commission. Unfortunately, it seems Transport for NSW leaked it to the media. Our offer to the Government expired at the conclusion of the 424 hearing.
The details of the counteroffer were as follows:
Wages
Year 1 – 9% (including backpay to 1 May 2024)
Year 2 – 5.5%
Year 3 – 5.5%
Conditions
- 104 new conditions presented by Transport for NSW in November 2024
- 18 other conditions agreed since November 2024
- The Government withdraw their proposed changes to the Agreement including deleting clause 35A and abandon their proposal to introduce a new clause to allow them unfettered ability to introduce new technology.
- The Government withdraw its proposed stripping back of the consultation clause.
Unfortunately, the counteroffer was misreported and, given the Fair Work Commission process, we were unable to disclose the full details. Once again, we came close to getting a deal on the above basis, but it seems that egos are getting in the way of a sensible industrial outcome.
What the Government doesn’t understand is that we’ve been through this before – two years ago against (what has turned out to be) a more sensible Government. No amount of legal tricks, endless buckets of money being shovelled out to external law firms, or increasingly hysterical press conferences is going to get this resolved.
We won’t back down, the only way out of this mess for the Government is to negotiate with your EA delegates.