Court not 'adviser' in rail union's spat with NSW government
A last-minute decision to keep Opal card readers on at Sydney train stations means the Rail, Tram and Bus union will have to convince a court to hear its case against the NSW government on an urgent basis.
On Friday, Justice Elizabeth Raper said that with no industrial action imminently planned or ongoing, she did not see why the Federal Court should urgently determine whether turning off the card readers was legal or illegal.
"What I have from the union is effectively asking, as I see it, for an advisory opinion from the court which I just don't think is the court's role," she said.
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The federal court has argued it is not an "adviser" in the rail union's dispute with the state government. 9News
"At the moment there's not before me something for which the union says that they are in fact going to do and will do tomorrow."
A plan to shut off the Opal card readers was announced by the union on Sunday.
However, a lawsuit by Sydney Trains filed on Tuesday seeking penalties and compensation from the allegedly illegal action derailed the union's plans.
The RTBU filed its own counter-suit the following day seeking declarations from the court that the strike action was legal.
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The union had been fighting to turn Opal card readers off to send a message to the NSW government. Nikki Short
In the Federal Court on Wednesday, barrister Mark Gibian SC said the union would not go ahead with turning off these machines but would wait until the court had determined the question.
Gibian has continually stressed that the question of whether the proposed protest was legal or not should be heard urgently by the court.
A hearing on whether this should be heard swiftly will take place on Monday.
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