The New South Wales government has succeeded in securing a suspension of industrial action on Sydney’s rail network. A full bench of the Fair Work Commission has mandated a cooling-off period until July 1, allowing both the government and unions to continue discussions on pay and conditions. The government initially requested a suspension lasting until early September.
Earlier, the Fair Work Commission heard that forcing an end to industrial action could harm the likelihood of reaching an agreement on pay and conditions. Toby Warnes, the NSW Rail, Tram and Bus Union’s branch secretary, expressed disappointment but hoped the government would use the time to finalize a deal. He stated, “We’re ready to meet tomorrow if the government is willing to meet us,” emphasizing the need for dialogue to repair strained relationships between rail workers, management, and the government.
Warnes also voiced concerns over the decision, claiming it sets a “dangerous precedent” for workers across the state, suggesting it could embolden aggressive employers. “It should be a serious concern not just for rail workers, but for workers everywhere,” he said.
NSW Transport Minister John Graham welcomed the decision, stating it would “end disruptions for commuters” and allow for a calmer approach to negotiations. “We’re now in a position to respectfully get back to work,” he added.
Warnes had earlier argued that the threat of industrial action was the only way to force the NSW government to negotiate. Barrister Oshie Fagir, representing the combined rail unions, criticized Sydney Trains’ request for a six-and-a-half-month suspension, calling it “ridiculous” and describing it as a series of ineffective legal tactics. Fagir stated that there was no evidence to suggest that such a suspension would help reach an agreement.
A major sticking point in the negotiations is a $4,500 payment from a previous agreement that the unions want included in the new deal. The unions believe this payment should be carried forward, while Sydney Trains maintains it was always intended as a one-off payment.
Although Warnes said the union would abide by the Fair Work Commission’s order, he acknowledged that negotiations would be challenging without the leverage of industrial action. However, he added, “We have always got more cards.”
Treasurer Daniel Mookhey stated that the government would involve the Fair Work Commission in the next phase of negotiations but emphasized that they aimed to resolve the issue quickly, rather than waiting until July.
NSW Opposition Leader Mark Speakman criticized the delay in taking the issue to Fair Work, describing the unions as militant and accusing them of holding commuters “to ransom.” He added that if an agreement was not reached by July 1, it would reflect poorly on either the union or the government, or both.
During the hearing, it was revealed that 273 rail staff took sick leave last Friday, a number much higher than usual, which Sydney Trains blamed for widespread delays. However, Fagir suggested that the figure wasn’t out of the ordinary, pointing out that in a similar period the previous year, over 200 people had taken sick leave on some days. Sydney Trains’ Fatima Abbas confirmed that the figure was higher than usual, while Jas Tumber noted that despite almost 150 drivers and guards being absent, the trains were running close to schedule, advising commuters to plan ahead.