Bargaining update and new protected action ballot ordered

Dear Members,

Over the past 2 weeks, your EA delegates have been engaged in a conciliation process in the Fair Work Commission. This process has taken place during the break in our case for good faith bargaining orders. As you would recall that has been delayed until Deputy President Cross gets back from leave on 6 October 2022. We remain confident that we will be successful in that case.

The private conciliation process has focussed on the areas of bargaining that are still in dispute, as well as the claims that were walked back by Sydney Trains and NSW Trains.

These include:

1. Union involvement in risk assessments
2. Infrastructure claims involving Protection Officers and increasing the Upper Cap Limit
3. Locking in rostering arrangements
4. Wearing shorts and summer uniforms at work
5. An allowance for cleaning duties
6. New Intercity Fleet
7. Wages and allowance increases

The final conciliation session is on Thursday at the FWC. After that session, we’ll be in a position to provide an update on where the above outstanding claims have got to. Our delegates continue to put in the hard work to achieve the best possible result for all members.

Protected Action Ballot

This morning, we were successful in obtaining orders from FWC to ballot our members specifically in relation to the actions concerning the deactivation of the opal machines. The NSW Government did not legally challenge our protected action ballot application, except for the notice period we are required to give to take the industrial action.

The government defiantly asked FWC to increase the amount of notice we have to give to take this industrial action from 3 days to 7 days. We were successful in arguing that the notice period should be the minimum at 3 days.

We anticipate that the vote will open mid next week. The vote will be held via email (as was the case for the last two ballots). The vote will stay open for 7 days. Once the ballot is successful, we will immediately notify management that we will be deactivating the machines.

The government has already indicated that it will seek to challenge our industrial action in Court, despite these orders for a ballot being made. As usual, we’ll be ready and we’ll fight them every step of the way.

Keep an eye on your phones and emails for updated details on this new ballot.

In Unity,
RTBU NSW

Issued & authorised by Alex Claassens, Secretary, Rail, Tram and Bus Union – NSW Branch
Level 4, 321 Pitt Street,
Sydney NSW 2000
Tel: (02) 92642511
nswho@rtbu-nsw.asn.au
www.rtbu-nsw.asn.au

26 September 2022

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