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NSW Government Escalates Legal Action Against Train Strikes, Invoking Section 424 of Fair Work Act

The Waratah Series trains arrives at Sydney Central Station.
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NSW Government Escalates Legal Action Against Train Strikes, Invoking Section 424 of Fair Work Act

-Reduced Services and Industrial action to continue

Sydney, Australia – In a significant escalation of the ongoing train strike dispute, the NSW government has filed an application under Section 424 of the Fair Work Act with the Fair Work Commission. This legal action seeks an order to suspend or terminate the industrial action, arguing that it poses a serious threat to the “welfare of the population” and could cause “significant damage to the Australian economy.”

Section 424 of the Fair Work Act empowers the Commission to intervene in industrial disputes if it determines that the action:

  • Endangers the life, personal safety, health, or welfare of the population or a part of it.
  • Causes significant damage to the Australian economy or an important part of it.

The government’s application hinges on the argument that the ongoing train strikes are severely disrupting public life, impacting the economy, and potentially endangering the welfare of the population, particularly during the crucial holiday season.

This legal action comes after Premier Chris Minns rejected a last-minute offer from rail unions to halt strikes in exchange for free public transport until January 7th.

The Rail, Tram and Bus Union (RTBU) proposed this “peace deal” as a way to avoid disruptions during the holiday season. However, Premier Minns firmly rejected the union’s proposal, citing concerns about the significant cost to taxpayers and the potential for further strikes in the future.

Adding to the pressure on the unions, several Sydney businesses, including Luna Park and Laundy Hotels, have also filed applications with the Fair Work Commission to halt the strikes.

These businesses under the leadership of Craig Laundy,..argue that the ongoing industrial action is causing significant economic damage and threatening the viability of their operations, particularly during the crucial holiday season.

The unions are seeking a 32% pay rise over four years for Sydney Trains workers, a demand the government deems unaffordable. The Premier warned that such a pay increase would necessitate substantial fare hikes for commuters.

The Fair Work Commission is set to hear arguments from the government and businesses on Tuesday, with the outcome of these hearings having significant implications for the future of the ongoing industrial action and the city’s transportation network.

Key Takeaways:

  • NSW government invokes Section 424 of the Fair Work Act to seek an end to train strikes.
  • Government argues strikes threaten public welfare and cause significant economic damage.
  • Businesses also file applications with the Fair Work Commission, citing economic impacts.
  • Premier rejects union offer of free public transport to end strikes.
  • Fair Work Commission hearings scheduled for Christmas Eve to determine the future of the industrial action.

 

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