Application by Sydney Trains and NSW Trains

The applicants, Sydney Trains and NSW Trains, sought an order from the Fair Work Commission suspending protected industrial action taken in relation to bargaining for a proposed enterprise agreement. The respondents to the application were various trade unions representing train drivers and other rail workers. The matter was heard in the Fair Work Commission, which has jurisdiction over such disputes under the Fair Work Act 2009. The unions had taken industrial action in response to the employers’ refusal to negotiate a new enterprise agreement, arguing that the current agreement was outdated and no longer met the needs of the workforce. Sydney Trains and NSW Trains argued that the industrial action was causing significant disruption and economic harm, and that the parties should be given a period of time to negotiate a new agreement without the threat of industrial action.

The legal issues before the Commission were whether the industrial action constituted protected action under the Fair Work Act, and if so, whether the Commission should exercise its discretion to suspend the action under section 310 of the Act. The Commission considered the nature of the industrial action, the bargaining positions of the parties, and the potential economic harm caused by the action. The Commission also considered the cooling-off provisions of the Act, which provide for a period of time during which protected industrial action cannot be taken.

The Fair Work Commission found that the industrial action was protected action under the Fair Work Act, and that the parties had a genuine dispute over the terms and conditions of employment. However, the Commission also found that the potential economic harm caused by the industrial action, and the need for the parties to have a period of time to negotiate a new agreement without the threat of industrial action, outweighed the need for the unions to take protected action. The Commission therefore exercised its discretion to suspend the industrial action until 1 July 2025, subject to certain conditions. The Commission also made orders requiring the parties to engage in good faith bargaining during the suspension period.

In summary, the Fair Work Commission has suspended protected industrial action taken by rail worker unions in relation to bargaining for a new enterprise agreement. The suspension will be in place until 1 July 2025, subject to certain conditions, and the parties are required to engage in good faith bargaining during this period. This decision provides some relief to Sydney Trains and NSW Trains, who had argued that the industrial action was causing significant economic harm, while also recognising the legitimate concerns of the unions and their members.