Free rides as NSW train dispute drags on

A long-running dispute between unions and the NSW government has returned to Fair Work. Photo: AAP
The protracted dispute between rail unions and the NSW government has returned to the workplace umpire, as one union flags industrial action allowing commuters to travel for free.
The Rail, Tram and Bus Union says Opal readers and gates will be deactivated from next Wednesday.
RTBU NSW secretary Alex Claassens said the strategy would cause financial pain for the government while benefiting commuters “who have unfortunately had to bear much of the brunt of the … government’s continued pigheadedness on this issue”.
“It’s good news for commuters and will hopefully force the … government to reconsider its current strategy of stalling negotiations and picking public fights,” Mr Claassens said on Wednesday.
Premier Dominic Perrottet said the union was turning off the machines because 90 per cent of customers were still tapping on when the gates were left open last month.
“That shows the people of NSW just want to get on with it. I expect that from the union,” he said.
Not all stations have gates, but standalone Opal poles at suburban platforms will also be deactivated.
The union said commuters cannot be penalised if there is no way to tap on, and the deactivation will be coupled with a ban on issuing fines.
Also from September 21 there will be bans on wearing lanyards or name badges, station announcements on Opal issues and online training.
The dispute returned to the Fair Work Commission on Wednesday, following a hearing on Friday and attempted conciliation on Monday and Tuesday.
Mr Perrottet threatened to terminate the existing, expired enterprise agreement at the end of August after a month of targeted industrial action caused widespread disruption across several days.
He declared negotiations for a new agreement were over and the government had presented a final offer, but the unions rejected it and applied to the commission to continue bargaining.
Ingmar Taylor SC, on behalf of all but one of the unions, argued the government breached good faith bargaining by terminating negotiations and not clearly identifying decision makers throughout.
NSW TrainLink transformation director Jasmin Streimer, the lead negotiator for the agency in bargaining since May 2021, told the hearing its chief operating officer Dale Merrick was the decision maker.
Mr Taylor asked why the unions were instead told negotiations were over in a letter signed by chief executive Peter Allaway.
“It’s not a purely lateral hierarchy,” Ms Streimer said.
She accepted the offer presented to the union as “final” was incomplete, did not bind the government to provide the payments it promised, and the rail entities had still not provided a final version.
She agreed it made clear NSW rail entities were not prepared to bargain further.
Ms Streimer received advice some of the union requests the train agencies supported would not be approved as they fell outside the bargaining parameters.
The union is seeking a 3.5 per cent annual wage rise – above the three per cent NSW government cap it argues does not apply to them – with an additional cost of living supplement based on a Queensland government model.
The hearing continues.
– AAP