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Visit the Update – Boarding and Alighting Dispute – New Intercity Fleet
Since May 2021, the Locomotive Division has continued to progress our dispute regarding NSW Trains forcing Drivers to travel ‘passenger’ on the NIF to “observe” its operation. NSW Trains’ response did not address any of our safety concerns and this unresolved dispute was escalated to the Fair Work Commission.
As has been NSW Trains game plan in all things NIF, they promptly engaged high priced lawyers to fight your Union at the taxpayers’ expense.
NSW Trains filed against the RTBU and Fair Work Commission in the Federal Court seeking an urgent injunction and challenging the Fair Work Commission’s ability decide this matter. NSW Trains claimed the Commission was not empowered to arbitrate or otherwise deal with the dispute.
The RTBU Locomotive Division met this challenge head on but the final outcome of this matter in the Federal Court will not be known until late July or August. In the interim, the Court has made the attached orders, noting an undertaking by NSW Trains that:
“…any employee rostered as a passenger/observer on trains in its Mariyung Fleet may refuse to perform such work and, in the event an employee refuses, the employee will not suffer any adverse consequence or otherwise be the subject of any disciplinary action.”
Members will be advised as soon the outcome of the Court proceedings is known, or if the interim orders and undertakings change.
In the meantime, Members are reminded that there is no obligation to travel passenger to observe the NIF in the course of their duties. If any Members receive any unwarranted pressure and/or outcomes for refusing to travel ‘passenger’ to ‘observe’ the NIF they should immediately advise their local delegate or Locomotive Division Head Office.
The Locomotive Division would like to congratulate Members for their continued support in the fight against the introduction of an unsafe train and an unsafe operating model on to our railway.
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