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WIN: The RTBU has won the Full Bench decision before the Fair Work Commission!

Mar 2, 2021NSW Trains Update

The RTBU has won the Full Bench decision before the Fair Work Commission!

The Bench found that the changes proposed by NSW Trains were extra claims under Clause 13 of the Enterprise Agreement. These changes were alterations to the classifications, working arrangements and payments of employees under Schedule 4A.

NSW Trains is prevented from implementing its proposals in relation to the NIF unless it is done in accordance with clause 12, which it did not do. This means NSW Trains cannot bring in the new classifications of Intercity Specialist Driver and Customer Service Guard unless there is an in-principle agreement with the RTBU.

Given the findings on clauses 12 and 13, the Bench did not have to consider whether the consultation clause had been met.

It was a hard-fought battle. Now we finally have the written confirmation that NSW Trains cannot do this!

A more detailed update will be sent to Delegates and Members later today.

Read the official Bench Decision document here.

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