A standoff between the NSW Government and rail unions is heading to a tribunal. 

Industrial action that has disrupted Sydney's train network has been withdrawn as the matter heads to the Fair Work Commission (FWC). 

The withdrawal prompted the Minns government to discontinue its application to terminate the action under Section 424 of the Fair Work Act, marking a temporary pause in the ongoing dispute.

The state government has sought FWC intervention to end the protected industrial action. Unions have cancelled several work bans, with the government arguing that lingering uncertainty regarding planned hourly stoppages by the Electrical Trades Union (ETU) warranted continued legal proceedings.

“This uncertainty is intolerable,” a government spokesperson said, acknowledging that the unions' recent concessions are “a significant and welcomed development”.

The ETU has withdrawn its remaining actions and agreed to restrict any future stoppages to February. 

Advocates will now focus on resolving the eight-month-long enterprise agreement impasse.

Despite the temporary reprieve, unions have signalled intentions to resume industrial action if negotiations fail. 

The ETU has warned of new stoppages up to three times weekly starting next month, with ETU Head of Legal and Operations Alana Heffernan emphasising that Sydney Trains and commuters would receive “ample notice” before any disruptions.

Similarly, Rail, Tram, and Bus Union (RTBU) secretary Toby Warnes says the union remains ready to escalate its campaign.

The disagreement centres on a new enterprise bargaining agreement covering six unions, including the RTBU and ETU. 

Their demands include a 32 per cent pay rise over four years, subsequently reduced to align with the government’s offer of 15 per cent over the same period. 

Additionally, unions have sought reduced work hours, increased flexibility around sick leave, and other improvements to pay and conditions.

Transport for NSW claims that bans implemented by the ETU have caused significant disruptions, including maintenance issues leading to signal failures and manual train operations.

The FWC temporarily suspended industrial actions last week under Section 424 of the Fair Work Act, which allows for such measures if public safety or economic stability is threatened. The legislation requires that industrial action only be suspended or terminated when significant damage or risk to the public welfare is demonstrable.

While the unions remain firm, both sides have exchanged counteroffers during FWC-mediated talks, yet no agreement has been reached.

As delays and cancellations persist, the Minns government is considering refunding train fares to inconvenienced passengers. 

CareerSpot This email address is being protected from spambots. You need JavaScript enabled to view it.