[2025] FWCFB 38
Citation: [2025] FWCFB 38
At a glance
- Awards cited
- MA000000
What happened
Sydney Trains and NSW Trains sought an order to suspend protected industrial action related to bargaining for a new enterprise agreement to replace the existing Sydney Trains and NSW TrainLink Enterprise Agreement 2022. The current agreement expired in May 2024, and negotiations with the Combined Rail Unions (CRU), primarily the RTBU, have been ongoing since May 2024. Industrial action, mainly by RTBU and CEPU members, has disrupted Sydney's rail network. Negotiations stalled when the CRU proposed a $4,500 sign-on bonus for employees, a claim previously unraised. Subsequent industrial action led to significant service cancellations.
What was decided
The Fair Work Commission suspended protected industrial action until 1 July 2025. The Commission found a suspension was appropriate to facilitate resolution of the dispute, particularly regarding the sign-on bonus claim. They considered the duration of the industrial action, the public interest, and the need to allow for cooling off and focused negotiations. A conference is scheduled for February 28, 2025, to draft an agreement and attempt to resolve the bonus issue. The Commission rejected a longer suspension until an intractable bargaining declaration could be sought.
What it means for employers
Employers should be aware that introducing new claims late in enterprise bargaining negotiations can disrupt progress and escalate industrial action. Maintaining open communication and addressing concerns promptly is crucial. Employers should also be prepared to manage the impact of industrial action on operations and public perception.
What it means for employees
Employees should understand that industrial action can have significant consequences, including disruption to services and potential loss of pay. Unions should ensure claims are raised early in negotiations and that members are informed of the potential impacts of industrial action.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb38.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →