Visit the 
Visit the Government folds on its threat and our case begins
Dear members,
Government’s Termination Threat
Yesterday the Government threatened that if we did not cancel all our industrial action by today at 5pm, it would apply to the Fair Work Commission (FWC) to terminate our agreement.
Between then and now, a couple of things have happened:
1. Last night we filed an application with FWC for good faith bargaining orders. These orders if successful seek to bring the Government back to the bargaining table, stop it from following through on its attempt to terminate the agreement, and restrain those Ministers out their spreading misinformation and lies from continuing to do so.
2. Today, the Federal Industrial Relations Minister, Tony Burke, wrote to the Fair Work Commission indicating his intention to scrap the provisions of the Fair Work Act 2009 that allow employers to unilaterally terminate enterprise agreements. You can read more about this here.
Our delegates (as well as all other unions in the Combined Rail Unions) resolved unanimously to leave all current industrial action in place and begin planning further action targeted at hurting this Government.
Well, 5pm rolled past and no termination application appeared in our email inbox. Then an article appeared in the Sydney Morning Herald indicating that the Government had backed down due to our “legal manoeuvre”.
Our delegates resolve, and the outstanding strategic minds in our legal team have won the day again. The Government is once again licking its wounds after talking a big game and delivering nothing.
Good Faith Bargaining Orders
At 2pm this afternoon, our case for good faith bargaining orders was called on by the Fair Work Commission. Our legal team and delegates attended and put to the Government that it should recommence bargaining immediately to try and reach agreement.
Well… the Government flat out refused. They said they are not willing to continue bargaining with us.
We then told the Commission that we wanted this case heard quickly, and we wanted the Commission to force the Government back to the table if they would not come voluntarily.
The case has been set down for hearing next Tuesday and Wednesday.
All efforts are currently being used on this case, as it is vitally important that the Government is brought to heel. Delegates, Officials, and our legal team will be working through the weekend to get our case ready to be filed late on Sunday.
As things develop, we will be regularly updating members through emails, Facebook, or through our website, www.ourrightsourfight.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
2 September 2022