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Subjects: Sydney Rail Chaos, Industrial Action, Fair Work Act, Chris Minns, Union Movement, Commuter Disruptions, Section 431, Federal Intervention, Sydney Trains, Industrial Relations, Arbitration, Economic Impact, Federal Court, Union Donations, Transport Management.
E&OE
Mark Speakman
Ten months of rail drama and chaos continue here in New South Wales, and Chris Minns continues to flounder. On one hand, we have a union engaged in industrial action, and on the other, a Premier who created this mess with the promises he made to his union allies before the election.
The Rail Union's claims remain absolutely outrageous, but Chris Minns is the architect of this crisis by making promises he now realizes he cannot afford to keep. He appears to be running out of options. What he must do now is pick up the phone to his Labor colleagues in Canberra and ask them to invoke Section 431 of the Fair Work Act to stop this industrial chaos once and for all.
The Federal Workplace Relations Minister has the power to issue an order if there is significant damage to the Australian economy or an important part of it. When we see commuters struggling to get to work, children missing school, patients missing medical appointments, and tourists missing flights, it is clear that this chaos must stop.
While there may be day-to-day fluctuations in the crisis, the uncertainty is crippling. People are losing faith in the train system because they do not know whether the trains will arrive on time. The solution is simple: pick up the phone and ask the federal government to take action.
Maria Kovacic
Thanks, Mark. And where is the Prime Minister on this? Nowhere.
Minister Murray Watt has also been silent. The unions are holding commuters hostage in Sydney and across New South Wales. Enough is enough. It needs to stop, and it needs to stop now.
The federal government has the power under Section 431 of the Fair Work Act. They could put an end to this today. The Premier has previously stated that if he had an open checkbook, he could solve this problem. Well, today, he can solve it for free by asking Minister Watt to invoke Section 431.
If he chooses not to, we need to ask why. The answer is clear: both the state and federal Labor governments are beholden to the union movement. The RTBU has donated nearly $700,000 to Labor over the past decade. That explains a lot.
Natalie Ward
Chris Minns says he cannot sign a blank check, but he already has—to the union movement, which controls both his government and the rail network.
Commuter chaos continues. We have ministerial incompetence, a new minister, new negotiations, but the same excuses. They claim they cannot act, but they know they can.
Chris Minns could pick up the phone to his mate Anthony Albanese and have this sorted today. But he won't—because they are both beholden to the union movement.
Commuters are being held hostage in this industrial deadlock. The refusal to take action proves that the union movement controls transport in New South Wales. Commuters and taxpayers are being left behind under Labor.
Damien Tudehope
I’ll go last.
The fact is that Section 431 of the Fair Work Act exists for a reason. The Premier has admitted he has run out of options and that "everything is now on the table." If that is true, then the solution available to him is to request federal intervention.
If this government were serious about looking after commuters—especially those in Western Sydney—they would be calling for a solution today. This would bring all parties into the Fair Work Commission for compulsory arbitration, without further industrial action. That is what commuters want: resolution without continued disruption.
Journalist
The Fair Work Commission sided with the union yesterday under Deputy President Roberts, a former unionist. Do you believe that decision was the correct one, or is the Fair Work Commission protecting the RTBU?
Damien Tudehope
The Fair Work Commission made its decision based on the evidence presented. I was not in the courtroom, but the government argued that the number of sick leave claims and the way union members were notified suggested that this was no longer protected industrial action.
While I respect the Commission’s role, any fair-minded person reviewing the evidence would conclude that the union is taking the public for a ride. Based on what I have seen, there was a strong argument that this should no longer be considered protected industrial action.
Journalist
Why can the state government call on the federal government to intervene in this case, while other public sector unions are governed differently?
Damien Tudehope
Train workers fall under the Fair Work Act, whereas other public sector unions operate under the New South Wales Industrial Relations Act. Sydney Trains employees, including drivers, guards, and cleaners, are employed by Sydney Trains Corporation, which is governed by a federal act. That places them under federal jurisdiction, unlike most other public sector workers.
Journalist
The last rail dispute lasted 18 months, yet your government never called on the federal government to step in. Why do you believe Minns should do so now?
Damien Tudehope
We did take legal action at the time, including in the Federal Court. That dispute was primarily about the intercity fleet, and we challenged the union’s actions, including dismantling barriers at train stations.
We also sought intervention under Section 424 of the Fair Work Act but lost because the Commission ruled that the economic damage threshold was not met. However, the test for a federal minister's intervention under Section 431 is nearly identical. The material is there for Minister Watt to act today and direct the parties into arbitration before the Fair Work Commission.
Journalist
Section 431 is rarely used. In 2022, your government did not ask the federal government to intervene, nor did Gladys Berejiklian's government in 2018. Why are you making it sound so simple now?
Damien Tudehope
Because this government refuses to act under Section 424. We did. Chris Minns is not following through.
Journalist
Minns has a Section 425 application for suspension of industrial action. If successful, this could last up to six months. Should he proceed with that before calling on the federal government?
Damien Tudehope
The time to act is now. Commuters need certainty. Thousands rely on public transport daily, and they do not know whether they will be able to get home tonight. The damage to New South Wales’ rail system requires intervention today.
Journalist
Minns argues that calling on the federal government now could frustrate the Fair Work Commission panel. Should the state government withdraw its Section 425 application and pursue federal intervention instead?
Damien Tudehope
That argument is nonsense. The Fair Work Commission is an independent body obligated to apply the law. Minister Watt has the authority to act today, and that should happen now.
Journalist
Mark, do you really believe the Albanese government will take action against the union movement this close to a federal election?
Mark Speakman
I hope they do. This is about protecting businesses in Sydney and New South Wales, as well as the workers who cannot get to their jobs. If the Albanese government prioritizes the interests of Sydney residents, they will take action.
Journalist
Minns has stated he will not agree to a $4,500 payment to the union and is taking legal action. Isn’t that standing up to the unions?
Mark Speakman
His rhetoric is a recent development, but he let this crisis fester for 10 months. He made promises before the election that he cannot afford to keep. His approach is inconsistent. He has withdrawn two Section 424 applications already. The Premier needs to show leadership and follow through—including calling Minister Watt to request a Section 431 order today.
Journalist
Section 431 requires a national economic impact. Is that bar higher than Section 424, which applies at a state level?
Mark Speakman
The language of both sections is nearly identical. Sydney is Australia’s largest city, making it an essential part of the national economy.
Thank you, everyone.
[ENDS]
