a day ago
Electrical Trades Union seeks to block vote on train deal that ended months of Sydney strikes
The Electrical Trades Union is seeking to halt a vote on a new enterprise agreement for tens of thousands of rail workers after months of industrial action, claiming it was unfairly left out of 11th-hour meetings.
The ETU broke with the Combined Rail Unions last month after the CRU, led by the Rail, Tram, and Bus Union, reached an in-principle agreement with the state government over Sydney and NSW Trains staff.
The agreement is supposed to be put to a vote of union members following an order by the Fair Work Commission but could be delayed following an application by the ETU before the commission on Friday.
Lawyers representing the ETU claimed during an hours-long hearing that neither Sydney and NSW Trains nor the RTBU had engaged in legally mandated good-faith bargaining during the final days of negotiations.
The union, which represents electricians, claims it was excluded from a meeting in late May between the CRU and the state government, which later held three days of meetings with the ETU in early June.
The meetings centred on two differences between the ETU and the RTBU that led to the ETU objecting to the pay deal, chiefly the restructuring of competency scales for trade-related staff, known as uplifting.
The uplift was granted to 'non-trade' employees under the proposed deal, with the ETU seeking to have the same measure applied to electricians – something it claims is a longstanding desire of the ETU.
The rail agencies and the RTBU object to the measure that they say was put forward after negotiations had ended, with Sydney Trains executive Fatima Abbas stating it would impact about 350 workers.
The commission was told it wouldn't matter if the uplift cost '$1m or $100m', the rail agencies were not seeking to 'increase the package and consider it the final offer', their lawyer told the court on Friday.
'There are 13,500 employees that will be covered by this agreement. The majority of bargaining representatives support and agree to the final package. If the applicant refuses, the package will not change,' he said.
RTBU lawyer Leo Saunders told the commission that the union claimed the ETU had 'excluded themselves' from meetings, and it hadn't put the uplift as a 'formal claim' previously.
The possibility of a delay comes after months of negotiations and brinkmanship between the CRU and the RTBU and the state government, including rounds of industrial action and court orders.
Following a cooling-off period mandated by the commission earlier this year, a breakthrough in talks came after a fallen wire at Strathfield sparked days of chaos across Sydney's rail network in May.
The Full Bench of the Fair Work Commission will deliver their judgment at 4.30pm.
