The federal authorities has put the Honest Work Fee on discover that it plans to limit the facility of employers to terminate enterprise agreements, one thing the state Coalition in New South Wales this week threatened to do in its ongoing dispute with rail staff.
After months of bargaining and Sydney practice strikes, the NSW authorities introduced on Thursday it might search to terminate its present settlement protecting hundreds of rail staff within the state if the Rail, Tram and Bus Union (RTBU) didn't stop industrial motion.
The federal government mentioned on Thursday it might halt negotiations on a future settlement, and until the RTBU stopped all motion by 5pm on Friday it might search to launch a termination utility on the present one.
Nevertheless, that deadline was later dropped after the union on Friday moved an pressing movement earlier than the fee in search of to power the federal government again to the bargaining desk. In a listening to on Friday afternoon, the fee agreed to listen to the applying subsequent Tuesday.
“No additional motion will probably be taken by the Rail Entities earlier than the present matter is heard by the FWC,” the NSW industrial relations minister, Damien Tudehope, mentioned in a press release after the listening to.
“It's obvious that this utility to the FWC is a delaying tactic by rail unions which might be adamant on blocking a vote of staff and on dragging out these negotiations in order that they'll proceed their political marketing campaign of disruptive strikes.”
“The NSW authorities respects the method and procedures of the FWC and awaits the end result of proceedings.”
Additionally on Friday, the federal employment and office relations minister, Tony Burke, wrote to the president of the fee signalling his intention to launch new laws which might restrict the facility of employers to hunt terminations of enterprise agreements.
Although the letter didn't point out the continued dispute in NSW, Burke mentioned he was “involved by the apply of some employers threatening to terminate agreements as a bargaining tactic”.
The modifications, which had been flagged on the authorities’s jobs summit in Canberra, would come with amendments “limiting the circumstances through which employers can apply unilaterally to the fee for termination of an settlement the place doing so would lead to lowering staff’ entitlements”, he mentioned.
Whereas the Coalition in NSW is but to touch upon the letter, the timing is prone to increase eyebrows in Macquarie Avenue because it gears up for what might be a protracted court docket battle with the rail unions.
On Friday morning the top of the RTBU, Alex Claassens, mentioned the union would ignore the federal government’s 5pm deadline to halt industrial motion and mentioned additional strikes might be on the best way.
“We have now no intention of stopping our protected industrial motion and the premier shouldn’t be shocked if extra industrial motion is known as subsequent week,” he mentioned.
On the Honest Work Fee on Tuesday, the union will intention to power the federal government again to the bargaining desk in addition to gag authorities ministers, together with the premier, Dominic Perrottet, from making public statements concerning the bargaining course of for 14 days.
“They’re uncommon orders we settle for, however the concept is for there to be a little bit of clear air and that among the collateral skirmishing taking place within the media and in public be paused not less than for 14 days to permit the events to give attention to the substance and keep away from distraction,” the union barrister, Oshie Fagir, mentioned.
The federal government’s calls for on Thursday afternoon blindsided union officers, who had believed they'd solely act on the menace to hunt the cancellation of the enterprise settlement if the RTBU introduced on extra industrial motion.
As an alternative, the letter despatched by the secretary of the transport division, Rob Sharp, mentioned all present motion – together with leaving Opal gates open – needed to stop by 5pm at this time or the federal government would launch court docket motion.
“I’ve by no means seen something prefer it earlier than,” Claassens mentioned.
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