Industrial Action Update, Ongoing Negotiations, and Potential for Further Disruption

Industrial Action Update

The legal battle over industrial action on Sydney's train network continues, with the Minns government pressing on with its bid to terminate protected action despite unions withdrawing some notified actions.

Rail unions have withdrawn all notified industrial actions that would have directly disrupted train services. This includes work bans that impacted train services and caused inconvenience for commuters. However, some actions, such as wearing badges, remain in place.

Despite the withdrawal of some actions, the government is continuing its legal bid to terminate all protected industrial action. This is due to the uncertainty surrounding actions notified by the Electrical Trades Union (ETU), which could still go ahead. The government argues that this uncertainty is intolerable and wants a permanent guarantee that commuters will not be affected by industrial action.

What is the 424 Application and FWC's Role?

The government's legal bid is based on Section 424 of the Fair Work Act, which gives the Fair Work Commission (FWC) the power to suspend or terminate protected industrial action if it threatens public safety, health, or welfare, or causes significant damage to the Australian economy. The FWC is currently hearing the case and will decide whether to grant the government's application.

Separately from the legal proceedings, the FWC is mediating negotiations between the government and rail unions over pay and conditions. Counteroffers have been exchanged, but no agreement has been reached yet. The unions are seeking a pay rise, shorter working hours, and the ability to cash in sick leave. The government has agreed to some of the unions' demands but not all.

What Happens Next?

The FWC will decide on the government's application to terminate protected industrial action. If the government wins, the unions' work bans can legally resume, potentially leading to further train delays. However, the government could also choose to use its power under Section 431 to terminate the action directly. The situation remains fluid, and further developments are expected in the coming days.