NSW rail union secretary Toby Warnes has vowed “industrial action will recommence immediately” after an 11th-hour injunction was tossed out as the NSW government scrambles to squash further strikes planned for New Year’s Eve.
The Australian Rail, Tram, and Bus Union announced on Monday it would be undertaking further industrial action after members approved a “history making” protected action ballot order that afternoon.
While the exact nature of the action is not yet known, the vote sparked chaos for the state government and condemnation from the opposition over the possibility that commuters would be put out over New Year’s Eve.
The vote followed a last-minute injunction by Sydney and NSW Trains, with the backing of Premier Chris Minns, to scuttle earlier planned industrial action. The parties have been in and out of court in the weeks since.
On Thursday, Justice Michael Wheelahan ruled that orders made by Justice Nye Perram earlier this month halting action planned for that time would be discharged ahead of a further hearing next year.
The order prompted immediate calls for an appeal by a lawyer for Sydney and NSW Trains who told Justice Wheelahan on Thursday that the “joint unions intend to immediately resume their industrial actions”.
The lawyer said they would be seeking a stay of the orders, which faced pushback from Justice Wheelahan and RTBU lawyer Leo Saunders, or a further injunction ahead of a case management hearing.
Mr Saunders told the court the RTBU would launch industrial from December 28 given a required seven-day notice period, and that there was “no prospect” a full court appeal would be heard prior to then.
The matter will return later in the morning as lawyers for Sydney Trains seek instructions.
The RTBU has been in protracted negotiations with the state government over calls for a 32 per cent pay rise over four years and the implementation of 24-hour train services between Thursday and Sunday.
So far, it has been unable to reach an agreement with the Minns government.
Lawyers for Sydney and NSW Trains earlier told Justice Wheelahan the nature of the bargaining had changed, from single to multi-employer bargaining, meaning previous authorised action was no longer valid.
“Once the single interest employer authorisation is obtained, the statutory mandate is that employers cannot bargain for … anything other than a multi-enterprise agreement,” he said of the December 6 authorisation.
The lawyer went on to add: “And so, industrial action that had been authorised in pursuit to advance claims in respect of a proposed single enterprise agreement could no longer be pursued for that purpose.”
Under the Fair Work Act, a single-interest employer authorisation may be sought by two or more employers who have a “close connection to one another” so that they may bargain for a single enterprise agreement.
Opposition leader Mark Speakman warned commuters on Tuesday to brace for a “catastrophe” this Christmas following the PABO, stating that Sydney residents “deserve more than industrial chaos”.
“This has come about because of outrageous union demands and a weak government. Chris Minns went to the election encouraging expectations of significant public sector wage increases,” Mr Speakman said.
“He has inflated the expectations of the union bosses, and now he can’t afford to do the deals they are demanding. This is a government controlled by unions … they want their pound of flesh and Minns can’t deliver.”
Transport Minister Jo Haylen said earlier on Tuesday the state government would “absolutely pursue all legal options” to ensure passengers and businesses were protected from industrial action on New Year’s Eve.
“The government’s position here is very clear, no level of industrial action is tolerable this time of the year given how tough it’s been for families and businesses,” Ms Haylen said.
“We need New Year’s Eve to run well, and we need each and every one of those public transport services to be available to get the millions of people in and out of our city safely.”
More to come
https://thewest.com.au/news/rail-union-scores-major-court-win-as-nye-industrial-action-pledge-sparks-panic-c-17136520
