[2025] FWCFB 46
Citation: [2025] FWCFB 46
What happened
Sydney Trains and NSW Trains applied to the Fair Work Commission (FWC) to suspend protected industrial action by employees represented by the Australian Rail, Tram and Bus Industry Union (RTBU) and other unions. This action relates to negotiations for a new enterprise agreement to replace the existing 2022 agreement. The unions had lodged a log of claims including a 32% wage increase over four years. The application was made under section 425 of the Fair Work Act 2009, which allows for the suspension of industrial action to assist in resolving bargaining matters. Both parties provided witness statements and evidence during the hearing.
What was decided
The FWC suspended protected industrial action until 1 July 2025. The Commission found that the application met the requirements of section 425 of the Fair Work Act, specifically that suspending action would be beneficial to resolving the bargaining issues. The Commission considered the duration of the industrial action and other relevant factors before making its decision. The order prevents any action falling under the Fair Work Act during the suspension period. The Commission's full reasons for the decision are published alongside the order.
What it means for employers
Employers should be aware of the provisions in the Fair Work Act allowing for the suspension of protected industrial action. They should consider whether such an application is appropriate if industrial action is hindering negotiations. The Commission will consider the potential benefits of suspension to resolving disputes, the duration of action, and public interest when making a decision.
What it means for employees
Employees participating in protected industrial action should be aware that this action can be suspended by the FWC. During the suspension period, employees are not protected by the Fair Work Act in relation to industrial action. Employees should understand the reasons behind the suspension and its potential impact on negotiations.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb46.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 →