Planned NSW rail strike suspended by the Fair Work Commission

The Fair Work Commission has ordered protected industrial action by NSW rail be suspended for six weeks, meaning Monday's planned strike will not go ahead.

Talks between unions and Sydney Trains will reconvene after a rail strike was announced.

File Source: AAP

The NSW government has won its battle to stop a statewide 24-hour train strike from going ahead on Monday.

Fair Work Commission senior deputy president Jonathan Hamberger on Thursday accepted its application to suspend the protected industrial action - including a ban on overtime work - for six weeks.

A statement from the commission said "suspension of protected industrial action by employees of Sydney Trains and NSW Trains - industrial action is threatening to endanger the welfare of part of the population - industrial action is threatening to cause significant damage to the Australian economy or an important part of it".

"I have decided to make an order suspending or termination the protected industrial action," the statement read.

"I have decided that it would be appropriate to suspend the industrial action for a period of six weeks from 6:00pm today, ending at 6:00pm on Thursday 8 March 2018."

More than 9000 rail workers had planned to stop work from midnight on Monday over a dispute with management about pay and conditions, which would have forced the closure of all train stations and cancellation of services in Sydney and across NSW.
The Rail, Bus and Train Union's Alex Claassens said workers would respect FWC's decision but admitted it reduced their bargaining power.

"We have to respect the process. We are a law-abiding union. We've always followed the rules, and we will continue to do that," he said on Thursday.

The lawyer representing Sydney Trains, Michael Seck, told the commission an average of 440,000 people used the network during weekday peak hours.

Monday marks the start of the new term for private schools in Sydney and public school teachers, while many will return to work after holidays.

"It's been timed optimally to cause maximum damage and maximum inconvenience to the patrons who use the rail network," he said on Thursday.

Mr Seck argued some people who provide essential services - including police, paramedics and firefighters - would not be able to get work, compromising public health and welfare.

The RTBU, through lawyer Anthony Howell, said suspending the industrial action would do "very little" to assist in resolving outstanding issues.

Monday's strike was "one-day alone" and was a "reasonable and measured form of stoppage", he said.

Workers have been offered a 2.75 per cent a year pay rise as part of a package including free bus travel and a one-off $1000 payment.

The union has been seeking a six per cent increase and improved conditions.

Following the commission's decision, NSW Premier Gladys Berejiklian said their position had been 'vindicated'.

"This is a huge relief. The government's intention always - from the outset when the unions made their position clear - was that we wanted to avoid inconvenience to customers," she said.

"We wanted to make sure that the customers not only avoided inconvenience but also had certainty about rail services into the future.

"I urge the union to act in the interests of the public, work with Sydney Trains management and government moving forward, to ensure that their members - their union members, the workers - have the opportunity to consider the fair and reasonable agreement."

NSW Transport Minister Andrew Constance said "1.3 million customers of the state are going to be breathing a sigh of relief".

"Our customers are not cannon fodder for industrial disputation," he said.

"What has been shown through Fair Work this afternoon is that a government was prepared to negotiate in good faith in the interests of customers, in the interests of those 9500 employees, who deserve to be consulted properly in relation to this agreement. That was our priority and it was endorsed by Fair Work today."


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