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Unions take NSW train dispute to Fair Work

The rail dispute in NSW is now unlikely to be heard in the Federal Court untill February or March.

The rail dispute in NSW is now unlikely to be heard in the Federal Court untill February or March. Photo: AAP

Sydney commuters continue to face uncertainty as the NSW rail union threatens further industrial action despite a state government-imposed deadline for the parties to reach a deal.

Unions NSW on Friday said it had sought urgent orders in the Fair Work Commission for the government to continue negotiating.

Premier Dominic Perrottet has given the Rail, Tram and Bus Union until 5pm on Friday to abandon its remaining action, or he might tear up a proposed enterprise agreement and a deed for train modifications.

He says the negotiations are over.

Employee Relations Minister Damien Tudehope said on Thursday that any further industrial action would be used as evidence the unions had no interest in reaching an agreement.

If successful, the unions’ FWC application filed on Thursday would also gag Sydney Trains from making public comment on negotiations for two weeks, and compel it to request the same silence from Mr Perrottet, Mr Tudehope, Deputy Premier Paul Toole, and Transport Minister David Elliott.

“We are hopeful the Fair Work Commission will see sense and get these negotiations back on track,” Unions NSW secretary Mark Morey said.

“The premier needs to grow up and stop using transport workers as a political football.”

The FWC application says negotiations have “been characterised by widespread and highly publicised disputation”.

It alleges the government breached good faith bargaining by making them negotiate with multiple ministers and bureaucrats and not identifying the decision makers.

It also notes the public threats of termination as a breach.

Union members have been told to vote against the state government’s proposals, leaving the door open for more strike action.

Rail, Tram and Bus Union NSW secretary Alex Claassens said the state government didn’t care about the people of NSW.

“We have no intention of stopping our protected industrial action and the premier shouldn’t be surprised if more industrial action is called next week,” he said.

“(The union was) blindsided by political brinkmanship by the NSW government.”

Sydney rail commuters faced chaos on Wednesday as a month of industrial action culminated with train services being axed or delayed as drivers refused to operate the foreign-built trains that make up most of the rolling stock.

Labor leader Chris Minns said Mr Perrottet’s ultimatum could be inflaming the situation.

“My big fear is that the government’s actions particularly over the last 24 hours are designed to induce more industrial action and more strikes,” he said on Friday.

Mr Minns spoke with Mr Claassens earlier this week, saying he felt strikes weren’t the way to go and called for a pause on future actions.

“A pause on strikes would mean that it allows both sides to get around the negotiating table and it means that commuters aren’t the meat in the sandwich,” Mr Minns said.

Mr Tudehope said on Thursday the union’s decision could cost them requested changes to the new Korean-built intercity train fleet.

Union members received an enterprise agreement on Wednesday night and a deed for changes to the fleet on Thursday morning.

The union says the new trains are not safe to operate in NSW but Mr Tudehope said that position could be used against them at the FWC.

Mr Claassens on Thursday said the deal had been “butchered” and would be sent back.

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