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Sydney train strike: workers vote to go ahead with 24-hour stoppage on Monday Sydney train strike: workers vote to go ahead with 24-hour stoppage on Monday
(about 2 hours later)
State government launches legal bid to halt industrial action after less than 6% of workers vote to call it offState government launches legal bid to halt industrial action after less than 6% of workers vote to call it off
Michael McGowanMichael McGowan
Wed 24 Jan 2018 03.37 GMT Wed 24 Jan 2018 05.30 GMT
First published on Wed 24 Jan 2018 02.28 GMTFirst published on Wed 24 Jan 2018 02.28 GMT
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Sydney train workers have voted to go ahead with a 24-hour strike on Monday.Sydney train workers have voted to go ahead with a 24-hour strike on Monday.
In a decision likely to cause havoc for Sydney’s transport network, less than 6% of the Rail, Tram and Bus Union’s 6000 members in New South Wales voted in favour of calling off the action. In a decision likely to cause havoc for Sydney’s transport network, less than 6% of the Rail, Tram and Bus Union’s 6,000 members in New South Wales voted in favour of calling off the action.
The state government has now launched legal action to try and halt the action, with a hearing in the Fair Work Commission set for 3pm. The state government, through both the treasurer, Dominic Perrottet, and Sydney Trains, responded by launching legal action to try and halt the strike. A hearing on Wednesday afternoon before the deputy commissioner of the Fair Work Commission, Jonathan Hamberger, was adjourned until 5.30pm at the request of union lawyers.
It came after the head of the union, Alex Claassens, said on Tuesday that the terms of a new deal had been reached with Sydney Trains over a new three-year agreement. The government’s lawyers petitioned the commissioner to deal with the matter on Wednesday, to allow time to prepare for disruptions to the network if the strike goes ahead.
The offer was sent to members overnight to allow them to vote by an email poll on whether to accept it by lunchtime on Wednesday. It came after members of the RTBU voted overwhelmingly to go ahead with planned industrial action. Only 5.93% of members – about 360 – supported calling off the industrial action over pay and conditions via a mobile phone survey on Wednesday.
But the terms of the deal were overwhelmingly rejected by the union’s members. “Unfortunately my members have overwhelmingly decided that the offer on the table is nowhere near good enough and our industrial action will continue,” the RTBU NSW secretary, Alex Claassens, told reporters.
Earlier the Guardian Australia reported that a Sydney law firm has taken legal action to stop an impending rail strike that threatens to bring the city’s transport network to a halt. It came after Claassens said on Tuesday that the terms of a new deal had been reached with Sydney Trains over a new three-year agreement.
On Wednesday Harmers Workplace Lawyers made the announcement that it had filed legal action in the Fair Work Commission in its own right, arguing the strike would directly affect its staff, who rely on the city’s trains to travel to work. The offer was sent to members overnight to allow them to vote on whether to accept it by lunchtime on Wednesday.
In a statement, a spokesman for Harmers said the company had filed the action because the “proposed industrial action is not in the public interest and is excessive”. Earlier on Wednesday Guardian Australia reported that a Sydney law firm had taken legal action to stop the impending rail strike.
Harmers Workplace Lawyers made the announcement that it had filed legal action in the Fair Work Commission in its own right, arguing the strike would directly affect its staff, who rely on the city’s trains to travel to work.
But Hamberger said in the hearing that he was unlikely to deal with the Harmers matter on Wednesday.
In a statement earlier on Wednesday a spokesman for Harmers said the company had filed the action because the “proposed industrial action is not in the public interest and is excessive”.
“The community – employers and employees alike – should not be exposed to the enormous disruption and economic loss simply because two warring parties cannot agree,” the statement read. “Harmers Workplace Lawyers has legal standing in this dispute because, under the legislation, it would have been directly impacted if this industrial action proceeds.”“The community – employers and employees alike – should not be exposed to the enormous disruption and economic loss simply because two warring parties cannot agree,” the statement read. “Harmers Workplace Lawyers has legal standing in this dispute because, under the legislation, it would have been directly impacted if this industrial action proceeds.”
The New South Wales government has previously refused to rule out legal action to stop the strike but Harmers said it was acting of its own accord. The validity of the union vote was questioned after up to a third of workers said they had not received an automated text ballot.
The application – which is due to be heard by the Fair Work Commission in Sydney on Wednesday afternoon – adds another layer of complication to the increasingly fraught pay negotiations between the NSW government and the state rail union. Workers replied “yes” to a text message to support calling off a proposed 24-hour strike on Monday, with a non-reply counted as a “no” vote.
But now the validity of the union vote is being questioned after up to a third of workers said they had not received an automated text ballot.
Workers must reply “yes” to a text message to support calling off a proposed 24-hour strike on Monday, with a non-reply counted as a “no” vote.
However, many workers posted on the RTBU Facebook page on Wednesday morning saying they were still to receive the text just hours before the midday deadline.However, many workers posted on the RTBU Facebook page on Wednesday morning saying they were still to receive the text just hours before the midday deadline.
“I would like to know why this has been sent out as an SMS,” one said. “There are many of us on leave at the moment that do not have our work phones with us.”“I would like to know why this has been sent out as an SMS,” one said. “There are many of us on leave at the moment that do not have our work phones with us.”
Another said: “I didn’t get one either. What number do we call to make sure our phone numbers are right?”Another said: “I didn’t get one either. What number do we call to make sure our phone numbers are right?”
With more than 9,000 workers due to stop work on Monday, the RBTU said about 6,500 members had received the text.With more than 9,000 workers due to stop work on Monday, the RBTU said about 6,500 members had received the text.
The transport minister, Andrew Constance, said the vote on Sydney Trains’ latest offer to workers seemed planned to fail. The transport minister, Andrew Constance, said the vote on Sydney Trains’ latest offer to workers seemed as if it was planned to fail.
“There is so much riding on this strike action, I would find it unbelievable that they have potentially used a process around this that is designed to fail,” he told 2GB. Constance said services would be cut from 2,900 during weekdays to 1,600 due to industrial action placing an indefinite ban on overtime. He said trains would operate on a Saturday schedule, cutting services across the state on Thursday and Friday, the Australia Day holiday.
The RTBU said on its Facebook page: “Due to the large number of texts sent last night we understand that some have not reached members.”
While the ballot will determine whether or not Monday’s strike proceeds, it is too late to stave off major disruptions on Sydney’s rail network on Thursday, according to Constance.
Services will be cut from 2,900 during weekdays to 1,600 due to industrial action placing an indefinite ban on overtime.
Constance said trains would operate on a Saturday schedule, cutting services across the state on Thursday and Friday, the Australia Day holiday.
“Tomorrow is going to be disruptive,” he said on Wednesday.“Tomorrow is going to be disruptive,” he said on Wednesday.
In its statement, Harmers said it initiated the legal proceedings before the tentative agreement but that it would go ahead if the rail workers did not accept the pay deal. In its statement, Harmers said: “Our considered view is that the proposed strike is not ‘protected’ under the legislation but is to a significant extent an old-fashioned ‘demarcation dispute’.
“Our considered view is that the proposed strike is not ‘protected’ under the legislation but is to a significant extent an old-fashioned ‘demarcation dispute’,” the statement read. “We will be requesting the commission issue orders to stop the industrial action if the industrial action is not called off.” “We will be requesting the commission issue orders to stop the industrial action if the industrial action is not called off.”
But the Claassens dismissed the legal action as a stunt. But Claassens dismissed the legal action as a stunt.
“The courts will no doubt see this for what it is – a baseless claim riddled with inconsistencies,” he said. “This is clearly nothing more than a disappointing political stunt. “The courts will no doubt see this for what it is – a baseless claim riddled with inconsistencies,” he said. “This is clearly nothing more than a disappointing political stunt.”
“What’s not in the interest of the community is having a sub-par railway system that forces its workforce to do too much with too little.
“It’s disappointing that a large, profitable legal firm would deem it appropriate to attempt to stop the state’s hard-working railway employees from simply doing what it takes to get the fair wages and conditions they deserve.”
The union initially wanted a 6% pay rise and improved conditions, with members now considering a 2.75% increase as part of a package including free bus travel and a one-off $1,000 payment.The union initially wanted a 6% pay rise and improved conditions, with members now considering a 2.75% increase as part of a package including free bus travel and a one-off $1,000 payment.
It comes amid recriminations over the Sydney rail crash that saw 16 people taken to hospital when a train failed to stop before hitting barricades at Richmond station on Monday.It comes amid recriminations over the Sydney rail crash that saw 16 people taken to hospital when a train failed to stop before hitting barricades at Richmond station on Monday.
On Wednesday the state government was criticised by some transport experts for the slow rollout of an automatic train protection system, or ATP, that it promised to introduce four years ago.On Wednesday the state government was criticised by some transport experts for the slow rollout of an automatic train protection system, or ATP, that it promised to introduce four years ago.
The ATP monitors train speed and can override drivers to apply emergency brakes.The ATP monitors train speed and can override drivers to apply emergency brakes.
Australian trade unionsAustralian trade unions
Industrial relationsIndustrial relations
SydneySydney
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