Update on the fight against Sydney Trains’ unlawful withholding of pay
8 January 2025
Dear members,
Late last week, the RTBU issued Sydney Trains with a letter of demand over the unlawful pay deductions imposed on members who participated in protected industrial action.
Yesterday, we received a response, not from Sydney Trains, but from the exorbitantly priced law firm that appears to be currently calling all the shots at Transport, Kingston Reid.
Disappointingly, Sydney Trains has chosen to double down on its unlawful actions, falsely insisting that the industrial action taken by members was unprotected. Not only is this claim objectively incorrect, but it also solidifies what we already know – RTBU members are at war with Sydney Trains, Transport for NSW, and the NSW Government. Attacking the livelihood of workers in a cost-of-living crisis is a particularly low blow.
With battle lines drawn, we’re putting the finishing touches on our application to the Federal Court.
We’ve has engaged an expert legal team to fight this case and will spare no effort in protecting our rights at work.
Our application focuses on the following breaches of the Fair Work Act:
- Contraventions of terms within the Enterprise Agreement.
- Failure to pay members amounts owed for work.
- Adverse action aimed at deterring the exercise of a workplace right—the right to engage in protected industrial action.
- Reckless misrepresentation of the workplace rights of affected members.
While this legal process may take time, we are resolute in pursuing Sydney Trains to the fullest extent of the law. We are committed to ensuring affected members are financially restored and that Sydney Trains, along with their contemptible advisors, are held accountable for these appalling actions.
The abdication of responsibility by Sydney Trains and Transport for NSW is utterly shameful. Entrusting the future of the rail network and its workers to overpaid law firms gorging on the public purse like bloated ticks should ignite the unwavering determination of every member to fight and win.
We will keep you updated as the case progresses. Meanwhile, our fight for a fair and honourable Enterprise Agreement continues, with new actions to be announced shortly.
Stay strong and united – your determination makes all the difference.