Good faith bargaining case update

Dear Members,

Today our case for good faith bargaining orders continued in the Fair Work Commission against Sydney Trains, NSW Trains, and the Government.

At the close of today’s hearing both parties are now required to file final written legal arguments based on the evidence given to the Commission by all witnesses.

This will likely take around 3 weeks, and we’ll get a decision on our case shortly after that.

A few key take-outs from the evidence in the case were:

• Management at Sydney Trains and NSW Trains have very limited decision-making power in the enterprise agreement process. Although we always suspected this to be the case, it has now been confirmed under oath by senior managers.
• It was another previously unknown body called the “Public Sector Employee Relations” (PSER) that directed management to walk back on the 12 previously agreed claims last August. PSER apparently reviews all of the draft clauses after management have agreed to them.
• Also, management representatives who we are at the bargaining table are not privy to information about the Expenditure Review Committee (ERC). They don’t know who is on it, what it considers, or reasons for the decisions it makes.
• All we know is that Management have to abide the decisions and advice of both PSER and the ERC.

This case has confirmed what we always expected, the NSW Government’s right hand does not know what the left one is doing. It is little wonder that management is incapable of agreeing to our claims and reaching an agreement and the Government is in a constant state of self-inflicted crisis.

In the meantime, the protected action ballot for our opal deactivation actions is now open. All members should vote yes and encourage their fellow members to do the same. The ballot will be open until next Wednesday, 12 October 2022, at 1200hrs.

If you are having problems with voting or receiving your ballot, please contact the voting agency support line Monday – Friday, 12:00 – 20:00 on 1300 798 994 or email info@civs.com.au.

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

6 October 2022

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