Does this PABO mean I have to take industrial action?
No. At this stage no one is allowed to take action until the FWC approves our PAB application and a ballot of members is successful. A successful ballot authorises the union to take specific industrial actions detailed in the ballot after notifying the employer.
What if the PAB is approved, do I have to take industrial action then?
No, no one can be forced to take industrial action. Once the union notifies NSW and/or Sydney Trains, each member must decide whether they will take part in the action or not.
When can I take industrial action?
Several steps have to take place before members can take action:
- The PABO must be approved by the FWC;
- The PAB must be run and be successful; and
- The union must notify the employer of our intent to take the action.
Only after these steps have taken place can members take industrial action.
Will I be singled out if I take industrial action?
No, members are protected. It is illegal for members to be targeted or singled out in any way for taking protected industrial action.
Members taking industrial action may not be paid for taking part in industrial action that they take such as stopping work for an hour, or the time value of refusing to perform a specific action that may be the subject of a ban. However, other than this, no action may be taken against a member who participates in ‘protected’ industrial action.
Who can take part in protected industrial action?
Only members of the union that has notified protected industrial action may take part. People who are not members must join PA to take part in the protected industrial action.
What about the other unions and their actions?
The RTBU have already had their PABO approved. We would expect other unions to do the same in the coming days and weeks.
Can I take part in the RTBU’s or other unions’ protected actions?
Maybe. Speak to your organiser before taking part in the actions of any other union. Our PAB includes taking part in the actions of other CRU unions, but we must notify the employer to be able to do so. Please confirm that you are protected before taking part in any industrial action of another union.