Update for members on status of Industrial Action pending the 424 Court case
23 December 2024
Dear Members,
It would come as no surprise to those who have been following along, but the depths to which the NSW Government is willing to stoop to quash basic workers’ rights to industrial action knows no limits.
Yesterday, Sydney and NSW Trains management, eagerly advanced a NSW Government scheme to force a lockout and bolster their industrial strategy of having bargaining terminated or suspended – a situation none of want or need.
A page from Qantas’ playbook
We know Train Crew members heard this yesterday, but it is important that all members understand they play the government is making-some of you may recall a similar strategy used by Qantas in 2011. On 29 October 2011, Alan Joyce grounded the Qantas fleet, locked out its workforce, and leveraged the situation to secure a section 424 order to terminate bargaining, effectively crushing the union’s bargaining strategy.
Disgracefully, yesterday the NSW Government seemed committed to advancing a similar strategy. Train Crew were hip to this gambit and pivoted their actions strategically to mitigate risk. While we have seen off this initial attack, it is important that members and their union are in the best possible position to see off tomorrow’s 424 hearing in the Fair Work Commission.
As such, the following actions have to be withdrawn from 11pm this evening:
1) A ban on signalling panels being operated from locations different to their location as at 3 September 2024 (for the avoidance of doubt this includes, but is not limited to, South Coast panel only being controlled from Wollongong Signal Box, and the Central Coast panel only being operated from the Gosford Signal Box).
2) A ban on applying portable rail connections.
3) A ban on duties associated with absolute signal blocking (ASB).
4) A ban on any work related to protected industrial action cancellations or alterations to train running being balanced by Fleet Mechanical Control.
5) A restriction on the number of kilometres Train Crew will work in the form of a cumulative daily reduction in the maximum number of kilometres able to be worked
6) Moving to an air-conditioned space when temperatures reach over 30 degrees Celsius according to the Bureau of Meteorology mobile phone application for the suburb in which the work is performed.
The following actions will no longer come into effect on 28 December 2024:
1) A ban on maintaining Points, Testing and adjusting the Facing Point Lock (FPL) of Points, and testing and adjusting the detection of Points.
2) Moving to an air-conditioned space when temperatures reach over 30 degrees Celsius or 80% humidity according to the Bureau of Meteorology mobile phone application for the suburb in which the work is performed.
At this stage, all other bans remain in place.
Adapting to dirty tactics
Once again, understanding Crew are across this but, while it’s frustrating to have to adjust our planned actions, our ability to pivot and respond strategically is crucial in the face of these dishonest and immoral manoeuvres.
Make no mistake – while the NSW Labor Government is leading this unconscionable tactic, Sydney Trains senior management is eagerly complicit. Their role in the infamous 2022 lockout showed their willingness to act without regard for workers and their families, and this time is no different. Without mentioning specific names, the cronies in Sydney Trains senior executive management are at the centre of a virtue-less cabal of tyrants, sycophants and charlatans.
Members should never forget what they’ve done.
Regards
Toby Warnes
Branch Secretary
RTBU NSW