NSW train strikes: Trains back on track in NSW as Federal Court orders rail union to cancel industrial action

Alex Mitchell and Katelyn Catanzariti
AAP
Planned industrial action on the NSW rail network was cancelled after a Federal Court injunction.
Planned industrial action on the NSW rail network was cancelled after a Federal Court injunction. Credit: Bianca De Marchi/AAP

The NSW government says the state’s trains are back on track after the Federal Court granted an injunction to cancel planned industrial action.

The action that was expected to cause severe delays and cancellations was instigated when pay talks between the government and a key union broke down.

“The NSW Government is pleased we have some certainty for NSW commuters, particularly as we head into the Christmas and New Year period and will continue to work for an agreed outcome,” the statement from the government read.

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Some impact will still be felt on Monday that “could not be undone in time”, the NSW government said in a statement, but there would be no further industrial action pending a further hearing in the court.

However, in a statement on their website, the Rail, Tram and Bus Union said they were not giving up the fight and told members to watch this space.

“As the government’s argument hinges on a technicality, union members will be able to resume action after conducting another Protected Action Ballot,” it said, describing the government’s actions as “disgraceful”.

“Plans are already in motion to conduct this ballot as quickly as possible, and we’ll update members as soon as voting begins. Please keep an eye on your emails in the coming days.”

Rail, Tram and Bus Union workers had intended to limit the distances they operated trains and progressively reduce the number of kilometres they travelled each day until a deal was done.

A temporary ceasefire to avoid the strikes was organised in late November before the parties engaged in two weeks of intensive negotiations.

NSW Premier Chris Minns said the government had been forced to seek an injunction after being unable to strike a fair deal with the unions.

“Daily, exhaustive negotiations have not resulted in a breakthrough despite the government’s best efforts,” he said earlier on Sunday.

“The government asked rail unions to pull their planned industrial action this coming week … they’ve refused.”

Union officials said discussions had been “productive and positive” until the government walked away without tabling an offer.

Union secretary Toby Warnes said the court bid was “inflammatory” and an attack on workers’ rights.

“Negotiations between the NSW government and the unions were going incredibly well until the government decided to derail the discussions entirely,” Mr Warnes said.

“Sending threatening legal notices at a moment in the negotiations when it looked like we were very close to being able to land an agreement is unbelievably irresponsible and disruptive.”

The combined rail union is demanding annual pay rises of eight per cent as part of almost 250 negotiation claims.

The government says anything more than 11 per cent across three years is unaffordable.

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