[2025] FWCFB 38
redundant, would allow this pressure to subside and for the RTBU leadership to obtain greater control over events.
[12] These matters all favour the grant of a suspension. For the reasons stated, we consider that a suspension of protected industrial action is appropriate. We are therefore required by s 425(1) to make a suspension order.
[13] We reject the submission of Sydney Trains and NSW Trains that the suspension should apply until 6 September 2025, being the earliest time they can apply for an intractable bargaining declaration to terminate all protected industrial action and proceed to arbitration. The purpose of a suspension under s 425 is to achieve a cooling off period in order to enhance the prospects of an enterprise agreement being reached, and not to operate as a de facto termination of bargaining. However, we consider that a relatively lengthy period of suspension is warranted. The evidence demonstrates that there have been previous instances of the voluntary suspension of protected industrial action for short periods, but this has not led to an agreement being reached, and protected industrial action has simply resumed at the end of each period. A longer period of suspension is, we consider, required to permit the parties to 'cool off', lock in the matters that have been agreed in principle, resolve the disputed issue, draft a final agreement and have it put to a vote free from the pressures imposed upon them as a consequence of taking protected industrial action.
[14] Accordingly, we have determined that it is appropriate to suspend protected industrial action until 1 July 2025. An order to this effect will be published together with this decision and will take effect from 10:00 pm tonight.
[15] The Commission will convene a further conference of the bargaining representatives on Friday 28 February 2025. This conference will be for the purpose, in the first instance, of confirming the matters agreed in principle and reducing those to writing. The next step will then be to endeavour to resolve the outstanding issue concerning the claim for a sign-on bonus. The parties may wish to consider whether one way to resolve this would be for the Commission to arbitrate the issue by consent under s 240(4) of the FW Act.
Hatcher
PRESIDENT
Appearances:
S Meehan SC for Sydney Trains and NSW Trains.
O Fagir, counsel, with L Hamilton, counsel, for the Australian Rail, Tram and Bus Industry Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and
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