Last night, the NSW Government lodged a section 418 application in the Fair Work Commission (FWC) to have the destructive action proposed by the Rail, Tram and Bus Union (RTBU) to turn off or short circuit Opal machines declared ‘unprotected’.
The application to the independent FWC has been made following legal advice received by the Government that the proposed action is prima facie unlawful.
Sydney Trains and NSW Train Link believe the notified action is also unsafe and could cause financial impacts on commuters.
The submission comes after the Combined Rail Unions rejected a number of formal requests from transport officials to withdraw the action.
The matter is expected to be heard within the next 48 hours.
The NSW Government remains committed to bargaining in good faith but will take all measures available to ensure taxpayer assets are not tampered with as part of the union’s Labor endorsed campaign of strikes and disruption for commuters.