Hopes of an end to industrial action that has thrown Sydney’s train system into chaos may be dashed as the NSW government faces the prospect of pay negotiations with unions breaking down.
The Minns government had been optimistic that negotiations could deter further train disruptions, after six combined rail unions on Wednesday morning committed to halt work bans that have wrought havoc across Sydney’s transport network in recent months.
In response, the NSW transport minister, Jo Haylen, said on Wednesday afternoon that the government would drop its legal attempt to quash the strikes at the Fair Work Commission (FWC).
But by Wednesday evening there were new concerns that further industrial action would be launched if the negotiations – which have gone on for eight months – continue to falter.
Both Haylen and NSW transport department secretary, Josh Murray, acknowledged that the unions could still technically lodge industrial action – though these would have to be entirely different to the 350 work bans which the unions have committed to halting, and would require a 10-day notice period.
Murray said pursuing new actions would not be in the “spirit” of the commitment the unions had given to the FWC.
The Rail, Tram and Bus Union (RTBU) – the largest of the six unions in the talks – has raised the prospect of further disruptions.
The chief of the RTBU reportedly told media outside the FWC on Wednesday that more action could be launched.
Murray said the union’s suggestion that they would “relitigate a number of bans against the travelling public” was “disappointing” and “not the way to take this forward”.
He said that the government would again launch a section 424 legal bid to quash any future action on the same economic harm grounds.
A smaller contingent represented by the Electrical Trades Union – whose members perform critical maintenance work across the network including on signalling infrastructure – issued a statement after Haylen’s press conference on Wednesday afternoon saying it would be forced to plan a new round of work stoppages that could begin as early as 4 February.
ETU NSW head of legal, Alana Heffernan, said the union would now plan stoppages for a maximum of three days a week, up to a maximum of eight hours a day and 24 hours a week.
Heffernan said the “pressure of industrial action” was necessary to force the government and Sydney Trains to “meaningfully bargain and finalise a deal”.
Unions’ initial demands were for a 32% pay rise over four years. The government’s current offer to the unions has grown to 15% over four years – a base 13% figure plus a 1% rise from efficiency gains and 1% in superannuation.
The unions have submitted a counteroffer to the government for consideration in recent days which is closer to the 15% figure.
“We did seek and receive a counteroffer but the parties are still some way apart. The ask is still unaffordable for the state government,” Murray said.
The RTBU NSW secretary, Toby Warnes, suggested that part of the pay dispute was related to safety provisions the unions were demanding which the government rejects.
“Safety is always our number one concern, and we will never allow a government to try and take away critical safety clauses,” Warnes said.
“The fact that they want to is deeply concerning for workers, as it should be for every commuter.”
Warnes said the union remained “hopeful that common sense will prevail soon and we’ll be able to sit down and reach a fair agreement”.
