More Sydney train chaos looms as unions win legal fight

To argue their case, the government had pointed to a highly publicised message sent by one RTBU delegate which told train drivers to “f— the network up”.

But a judgment on Sunday found in favour of the unions, saying union officials had “left the decision about whether to attend, to attend … or to not attend at all, to the employees themselves”.

Deputy FWC president Thomas Roberts found the message made no mention of sick leave, and that, aside from the fact it “found its way to the media”, was not evidence of union co-ordination.

Warnes on Sunday said the union had not advised workers to call in sick or avoid coming to work, but he said he feared many would due to concerns they would have their pay docked even if they weren’t engaged in industrial action. That fear, he said, was exacerbated by examples from workers who had shown up on Friday. In one case, he said, a driver worked an 11-hour shift before being told he would not be paid.

But Transport secretary Josh Murray said “no actions have been taken against any employees for slow running”.

“We’ve checked with supervisors across all depots and we’ve got absolutely no evidence of any such pay conversations,” he said.

“Every Sydney Trains and NSW TrainLink employee who turns up to work and undertakes their normal duties will be paid, no exceptions.”

The two parties had been due to meet for a conciliation meeting on Monday. That is unlikely to go ahead. The government’s hopes of ending the dispute rest on a hearing before the full bench of the commission slated for Wednesday.

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Meanwhile, the government says it will continue to impose so-called section 471 notices on workers if they engage in industrial action, meaning they could have their pay docked.

Longland on Sunday said the transport agencies had offered to drop the 471 notices if the union withdrew its industrial action, but that the union had so far refused. Warnes said the offer had come only via the media.

The latest imbroglio followed a dramatic collapse in the nine-month negotiations between the combined rail unions and the Minns government.

After a deal between the two parties seemed imminent, negotiations broke down on Thursday over a “one-off” $4500 bonus agreed to by the former Coalition government in 2022. The union said it expected the payment to roll over into the new deal.

Evidence presented to the commission over the weekend shows it was not part of the list of items the union had told members was included in its pay package, but the union said it did not need to raise the payment because it was an existing benefit.

Transport Minister John Graham said the government would not bend to the demand.

“If we did, there would be another demand,” he said.

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