The Fair Work Commission (FWC) has ruled in favour of Sydney’s rail workers taking the necessary steps in order to be able to turn off Opal machines.
The Rail, Tram and Bus Union went back to the Fair Work Commission last week to ensure it could switch off all Opal readers as part of protected industrial action.
Previously threatened deactivation of the network’s contactless payment system was thwarted when the NSW Government said it would “charge, prosecute, and sack” anyone that participated in this act of defiance.
It also lodged the case under the Fair Work Act, claiming it was not a “specific ban” approved by RTBU members.
The industrial dispute with the government centres on new enterprise bargaining conditions and alleged poor quality foreign-made trains.
The FWC yesterday ruled the RTBU would be allowed to ballot members and ask them whether they would vote in favour of the Opal deactivation, if there was “no sensible” resolution to the current dispute.
RTBU NSW secretary Alex Claassens said the Commission’s ruling meant station staff members would definitely be protected if they turn off the Opal readers.
“When the ballot is approved to go out to a vote, members will have the opportunity to vote online. Voting will then be open for a week,” he said.
If the majority agrees to the plan, the RTBU will immediately notify of the new Opal action.
“Based on the notification period of the action (how many days’ notice we would have to give, which is still to be determined) we could have the action back up and running in three to four weeks,” Claassens said.
