The rail union has failed to overturn an interlocutory order banning further industrial action after an 11th-hour bid by the NSW government to stop further train chaos in Sydney.
Urgent legal action was launched on Sunday to stop the Australian Rail, Tram, and Bus Union from resuming industrial action on Monday, though some networks were still impacted.
It comes after the state government again failed to reach an agreement with the union, which has been in protracted negotiations over pay and calls for 24-hour train services.
In the Federal Court on Tuesday, Justice Michael Wheelahan said he was “not persuaded” to set aside the court order ahead of an expedited final hearing on Monday.
Justice Wheelahan disputed claims by the union that there had been a material change in circumstances and said prejudice on the RTBU was ameliorated by the December 16 hearing.
A court order blocking rail industrial action will remain. Picture: NewsWire / Gaye Gerard
The hearing will decide a “separate question” outlined by the RTBU, with NSW secretary Toby Warnes praising the expected expedient resolution of the matter outside court.
Lawyer Leo Saunders claimed correspondence between Mr Warnes and NSW Trains indicated a ballot on protected action would not be able to take place until January 7.
Mr Saunders, who is representing the union, said it was indicated on Sunday that the process would take two weeks, though that was disputed by Sydney Trains lawyers.
The court was told the RTBU expected the vote could take place over just five business days and would require records being provided by Sydney Trains as to the number of employees.
The court was told the injunction prevented the union from ordering further industrial action but did not restrict employees from taking their own, though it would not be protected.
RTBU NSW secretary Toby Warnes was present in court. Picture: NewsWire / Gaye Gerard
If the any of the full suite of possible actions were undertaken, Mr Saunders said it would not have immediate “significant consequences”, instead taking “months to materialise”.
Lawyer Matthew Minucci, representing Sydney Trains, said a list could be compiled in three days, and if the temporary order was set aside it would not address “significant concerns”.
Mr Minucci said while a proposed kilometre ban and a 24-hour ban would “cause the most disruption to the public”, they were not what most concerned Sydney and NSW Trains.
“It’s rather the more problematic effect of the degradation of the integrity of the network, which is as noted, is a cumulative problem,” Mr Minucci told Justice Wheelahan.
Mr Minucci went on to state there was no evidence of prejudice against the unions should the interlocutory order be set aside before the final hearing on the matter on Monday.
“There’s certainly nothing identified that suggests that the (union) are going to suffer meaningful prejudice over and above the fact the negotiating position remains as it is,” he said.
Mr Minucci added there was no evidence setting aside the injunctions would affect the “ability to take industrial action, which in turn affects the negotiating position, which remains as it is until Monday”.
NSW Premier Chris Minns said two weeks of negotiations failed to find a ‘fair deal’. Picture: NewsWire / Gaye Gerard
The union is negotiating a 32 per cent pay rise over four years and had previously lobbied for 24-hour services from Thursday to Saturday night, including on intercity trains.
Mr Warnes last week said “action” was set to begin on Monday that would include incrementally reducing the distance travelled by guards and drivers.
On Monday, NSW Premier Chris Minns said the government was seeking the injunction to stop further industrial action after two-weeks of negotiations failed to find a “fair deal”.
“Daily exhaustive negotiations have not resulted in a breakthrough despite the government’s best efforts. I’m disappointed and I’m very sorry about it, “ Mr Minns said on Monday.
The RTBU, meanwhile, vowed to press on with its demands, stating that it had gone “back to the drawing board” and it “won’t give in until we get what we’re worth”.
Instead of reaching an agreement, the union said the Minns Labor government had “instead decided to sue us all and try to punish us for exercising our workplace rights”.