we will bargain together

15 November 2021

Dear Members,

On Friday, your EA delegates attended the last of the intensive bargaining meetings with Sydney Trains and NSW Trains. We heard back from Sydney Trains and NSW Trains

  • Management on a number of outstanding issues including:
  • Transport for NSW’s report back on their consultation proposal for Disciplinary Matters;
  • Critical Incident Leave;
  • Disciplinary Matters;
  • Sexual Harassment; and
  • Domestic Violence Leave.

Sydney Trains and NSW Trains management also addressed a number of claims they had left open in previous negotiation meetings including issues of CCTV access, TOMA, staff reviews, the right to disconnect, and follow up medical appointments.

As has become too familiar during this process, most of these claims were rejected.

However, there were a number of items that were partially agreed including:

  • The provision of chairs at all stations for CSAs (however not at every gateline) (claim 14.6.3); and
  • a commitment to develop a transfer register for NSW Trains (claim 4.2).

Critical Incident Leave

In respect of claim 6.3 concerning critical incident leave, Sydney Trains brought in two experts from St John of God Hospital to present on a recent review undertaken into Sydney Trains’ critical incident leave responses.

Sydney Trains agreed to work with us on our claims regarding critical incident leave and otherwise made positive noises about their commitment to improving the current practice.

However, disappointingly, we received no concrete proposals on how to respond to the expert findings or any detail as to how Sydney Trains would implement the recommendations. Unfortunately, NSW Trains did not have any particular response or position, merely committing to looking into the research conducted by Sydney Trains.

Positive Movements on Sexual Harassment and Domestic Violence Claims

Transport for New South Wales acknowledged our claims on sexual harassment and domestic violence (claims 7.5.1 and 6.6.), and the need to have both claims codified in the Enterprise Agreement, instead of policy. TfNSW committed to providing 10 days of paid domestic violence leave in the EA (rejecting the CRU’s original claim for 20 days) but made a commitment to providing an extra mechanism to allow for further discretionary leave.

Disciplinary Report Back

Sydney Trains and NSW Trains management have agreed with us that they need to do better on disciplinary matters and proposed a counter claim. This was to:

  • hold quarterly joint meetings with the CRU to discuss the treatment of disciplinary matters;
  • add discipline to the agenda of the quarterly peak meeting;
  • provide the reason for suspension at the time of suspension;
  • provide allegation details within 21 days of suspension;
  • provide a copy of the investigation report with the show cause letter;
  • pay master roster while an employee is suspended however management proposed to include a “claw back” clause if allegations are substantiated to bring the pay rate back to base rate when on suspension.

Next Steps

The end of this intensive period is not the end of the negotiations. We continue the fight to secure the most positive outcome to improve the lives members who serve the people of NSW.

Your delegates will be on the ground next week to report back on the last two weeks of bargaining and to discuss next steps in the bargaining process. Make sure you make an effort to engage in a meeting near you.

In Unity,


Issued & authorised by Alex Claassens, Secretary, Rail, Tram and Bus Union – NSW Branch

Level 4, 321 Pitt Street,
Sydney NSW 2000
Tel: (02) 92642511
Fax: (02) 92611342

Last modified: 15/11/2021