FWC rules in favour of rail workers

Media release, 9 July 2022: The Fair Work Commission has today ruled in favour of rail workers again – yet another blow to the NSW Government’s attempt to dodge its basic responsibility to provide safe trains and fair wages and conditions for workers.

In his ruling today, Fair Work Deputy President Cross said “The RTBU, consistent with their stated focus on safety as its highest priority, took steps, independent from any urging by the Applicants, to ameliorate possible risks arising from their notified protected action. Those actions were substantial steps to addressing any perceived risks.”

Rail, Tram and Bus Union (RTBU) NSW Secretary, Alex Claassens, said that while the ruling is a positive for rail workers who have done everything by the book, the victory means little unless it finally forces the NSW Government to act.

“We’ve won in the Commission, but we still don’t have a commitment from the NSW Government that it will make the safety changes required to the New Intercity Fleet, and confirmation that any changes made won’t come at the expense of workers’ take-home pay and conditions,” Mr Claassens said.

Mr Claassens said that while the Fair Work Commission ruled the unions can continue their protected industrial action, there is no action currently planned.

“This has been a remarkable waste of taxpayer dollars. The NSW Government ran, and lost, a case aimed at stopping protected industrial action that doesn’t even currently exist.

“The people disrupting commuter services are the government officials themselves. They stopped the entire network in February and they’ve been caught out deliberately withholding services again this past week, all to make an ideological political point.

Mr Claassens said the unions are seeking a return to proper negotiations as soon as possible.

“We don’t want this circus of the government’s making to continue. We need to sit down at the table and get a resolution that delivers safe trains and fair wages and conditions. It’s as simple as that.

“We’re not here to play Ministers’ political games – we just want to know that when we go to work, we’ll be operating trains that don’t risk the lives of commuters.”