‘Arrogant’: NSW transport minister lashes feds amid rail dispute

Senior NSW ministers have launched a scathing attack on the Albanese government for its foray into the long-running dispute between the state and rail unions, and accused the Commonwealth of attempting to influence the Fair Work Commission.

Transport Minister David Elliott seized on a letter sent from federal Workplace Relations Minister Tony Burke to the commission on Friday, claiming it was an attempt to sway the outcome of a looming hearing between the state government and rail unions.

NSW Transport Minister David Elliott.Credit:Brook Mitchell

The NSW government has sought advice on whether Burke’s letter constituted “improper influence” over the commission and breached a section of the Fair Work Act.

“Not only is it a breach of the principle of separation of powers, but the legislation hasn’t even gone through the parliament that he’s foreshadowing. It’s very arrogant,” Elliott told the Herald on Sunday.

“They haven’t even turned the lights off the job summit and [Burke] is doing the bidding of the union. I don’t think that any commissioner, or a judge, is going to appreciate being used in this manner.”

NSW Workplace Relations Minister Damien Tudehope described the letter as a “brazen intervention” by the Albanese government and said he was seeking advice on whether it had breached the Fair Work Act.

Employment and Workplace Relations Minister Tony Burke holds a press conference during the summit on Thursday.Credit:Martin Ollman

“It’s a pretty serious problem if in fact a minister is writing to the Fair Work Commission in circumstances where it amounts to improper interference,” he said.

“This sends a clear message to Alex Claassens [NSW Rail Tram and Bus Union boss] and the rail unions – keep up the strikes, Labor has your back.”

As the dispute between the Perrottet government and rail unions escalated last week, Burke wrote to the Fair Work Commission flagging legislative reform to limit employers’ ability to terminate enterprise agreements.

Burke told the commission he held concerns that it was being used as a bargaining tactic and said he was conscious of a potential rush by employers to rip up collective deals ahead of his government moving to crack down on the practice.

The letter was sent less than 24 hours after Tudehope warned that the state government was willing to terminate the combined rail unions’ existing enterprise agreement unless workers agreed to a new pay deal.

However, Burke said his letter was not targeted at any current industrial dispute.

“There are a large number of issues relevant to the Fair Work Commission that were outcomes of the Jobs and Skills Summit,” Burke said.

“Of course I notified the Commission of those outcomes – it would have been irresponsible to do anything less. I made no reference in that letter to any particular dispute.”

Burke said he had publicly stated last month that it was unreasonable to threaten significant cuts to people’s pay by cancelling agreements in any pay negotiation.

Elliott said Prime Minister Anthony Albanese needed to fall in line with NSW Labor leader Chris Minns and call for an end to industrial action on Sydney’s public transport network.

“I’m calling on Albanese to step up … and back Chris Minns’ views that this has to stop and the union has to pull their head in,” he said.

Sydney’s commuters have endured months of delays and disruption on the city’s transport network due to sporadic industrial action as rail unions and the government remain at odds over a pay deal and the future of a multibillion-dollar train fleet.

NSW Premier Dominic Perrottet last week said his government was no longer willing to negotiate with the combined rail unions over a new pay deal and warned he would apply to terminate their existing agreement if industrial action continued past Friday.

NSW Premier Dominic Perrottet (right) and NSW Minister for Transport David Elliott walk along the final track of the Sydney Metro City at the Martin Place Metro station on Wednesday.Credit:Kate Geraghty

However, the government’s ultimatum was pushed back after unions applied to the Fair Work Commission to force the government to continue bargaining.

A government spokeswoman said “no further action” would be taken before a Fair Work Commission hearing on Tuesday and Wednesday this week.

Minns said he was hopeful the state government and rail unions would reach an agreement in the coming days.

“It’s not surprising federal Labor has ventilated views that it has previously held, I’d probably be reluctant to offer extended commentary about the letter,” he said.

“The application to terminate bargaining has occurred not just in state government corporations, but in the private sector and other jurisdictions going back, going back years.”

The NSW government has labelled the rail unions’ legal move a “delaying tactic”, which blocked a vote by their members and dragged out the negotiations for political purposes.

The Rail, Tram and Bus Union last week lauded Burke’s letter as “a victory for common sense and an important step towards a more civilised and productive enterprise bargaining system”.

The prime minister’s office declined to comment.

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