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EA update

I’m writing to provide an update on how we’re progressing with our new Enterprise Agreement, following proceedings in the Fair Work Commission (FWC) on Tuesday.

We’ve formally asked the Fair Work Commission for help to resolve the dispute

As you know, we’ve been engaging in conciliation in the FWC for some time. Offers between Sydney Trains and NSW TrainLink and the Combined Rail Unions (CRU) have also been exchanged during this time.

During this conciliation process, the FWC encouraged us and the CRU to apply formally for their further assistance to attempt to resolve the issues and move towards finalisation of a new Enterprise Agreement.

About consent arbitration

The FWC process we’re currently engaging in may lead to consent arbitration, if all the parties agree.

Consent arbitration means that Sydney Trains, NSW TrainLink, the CRU and Independent Bargaining Representatives (IBRs) have to agree to specific matters that are to be included and decided by the Commission as part of this process.

Yesterday we put forward two potential approaches to arbitration for the CRU and IBRs to consider:

  1. That we arbitrate on a limited number of matters that remain in contest, excluding wages; or
  2. That we arbitrate on all of the conditions that have been negotiated to date, including wages.


Today the CRU responded, rejecting the above proposed approaches and re-stating their latest counter-offer.

Bargaining for a new Enterprise Agreement has taken much longer than we’d hoped. We’re engaging in this process with FWC because we’re committed to reaching a resolution as soon as we can.

There is a further conference planned at the FWC this Friday.

Further significant industrial action next week

We've received notices for additional protected industrial action from a number of unions, involving work stoppages on Friday 2 December 2022.

In addition, protected industrial action from the Rail, Tram and Bus Union has been notified for the period from Sunday 27 November through until Thursday 1 December, which is anticipated to have a significant impact across our network.

We’re working through options around how to respond to the industrial action in a way that minimises disruption, while keeping customers safe. Thank you to everyone involved in the planning and delivery of the amended service plans.

We'll continue to keep you updated about next steps as information comes to hand.

Take care

Dale