Sydney Trains
On 18 July 2023, Adero Law filed a proceeding in the Federal Court of Australia against Sydney Trains, alleging that it underpaid Area Controllers and Signallers. Group members assert that they were regularly required to work in excess of their rostered hours without pay, inadequate overtime payments and that they were unable to take crib breaks (from February 2023).
Latest Update:
A case management hearing is listed on 31 October 2025 before the Honourable Justice Perram. During the case management hearing, Justice Perram will be making orders on the next steps in the proceeding, this would likely involve the steps required to prepare the matter for a trial and may involve listing a trial date.
Prior Update
- On 21 August 2024, the Honourable Justice Wheelahan made Orders for the Parties to have a mediation no later than 13 December 2024 and the Group Members to opt-out or register their interest to participate in the mediation by 11:59pm (AEDT) on 7 October 2024.
- On 9 December 2024 and 9 April 2025, we attended mediations with Sydney Trains to seek to settle the claim. The Parties did not come to a settlement, however, agreed that there remained utility in continuing discussions to seek to reach a settlement to avoid the further time and cost of litigation.
- Since the second mediation, we confirm discussions to seek to settle the class action remain ongoing. Should we come to the view that the mediation discussions are not going to assist with coming to a settlement and that continuing to engage in that process is no longer in the best interests of the Group Members, we will bring an end to the mediation process and seek to have the Court list the matter for a trial.
- We are hopeful that a resolution can be reached through ongoing mediation discussions. Should a settlement be reached, it must be approved by the Court. This is to ensure that any settlement reached is fair and reasonable for all Group Members.
Who can be part of this class action?
You may be eligible to participate in the Sydney Trains class action if you were:
- employed by Sydney Trains at any time between 1 May 2018 to 18 July 2023;
- covered by the Sydney Trains Enterprise Agreement 2018 and/or the Sydney Trains and NSW TrainsLink Enterprise Agreement 2022; and
- employed as an ‘Area Controller’ or ‘Signaller’.
Most group members would have received a notice from the Court by letter or email in August 2024. If you did not receive a notice from the Court but believe you are a group member, please feel free to contact us.
About the Class Action
On 18 July 2023, Adero Law filed a proceeding in the Federal Court of Australia against Sydney Trains on behalf of Ritchie White and Group Members. The class action alleges Sydney Trains failed to pay the relevant entitlements under the Fair Work Act 2009 and the 2018 & 2022 Sydney Trains Enterprise Agreements for individuals working in ‘Area Controller’ or ‘Signaller’ positions.
Group members assert that:
- they were regularly required to work in excess of the specified time in their rosters (including unpaid pre-shift and post-shift work to perform handovers),
- they were generally not able to take crib breaks from 17 February 2023 (when the 2022 Enterprise Agreement required crib breaks for operational staff);
- they were not adequately paid the overtime entitlements;
- they were not adequately paid the Saturday and Sunday penalties;
- they were not adequately paid the Public Holiday penalties; and
- Sydney Trains did not keep adequate records of overtime worked and the allowances and entitlements owed to group members.
Frequently Asked Questions
By registering to participate in the class action, you are expressing your interest in seeking compensation for the alleged underpayment by Sydney Trains.
Adero encourages you to register. In the event that the case reaches a settlement, your registration allows Adero to contact you to ensure that, if you are eligible, Adero is able to notify you of anything further you are required to do to participate.
Once you have registered, we are also able to send you updates on the progress of the case.
The registration for participation in the mediation closed at 11:59pm (AEDT) on 7 October 2024. However, you can still register your interest to participate in this class action. We will be in contact with you if we require any further information from you.
The class action is run on a no win, no fee basis. This means that if a class action is successful (i.e. if a settlement has been reached or there is an outcome is reached at a trial resulting in money being owed to group members), the legal fees and costs of running the class action are deducted from the settlement amount or from the amount arising from any judgment, subject to the Court’s approval. In the event that the class action is unsuccessful, you will not have to pay anything.
Although circumstances can vary, the general structure of a class action proceeding run by Adero Law is as follows:
- A wrongdoing occurs that affects a group of people (claimants) in a similar way.
- Adero’s Claim Origination team investigate the wrongdoing by conducting due diligence investigations and liaising with a lead claimant.
- The claim is filed in Court.
- Pleadings and other Court documents are finalised and filed with the Court.
- Claimants have a chance to opt-out of the class action.
- Evidence is compiled and the claim is prepared for trial.
- If appropriate, mediation or settlement discussions take place between the parties.
- If a settlement agreement is not reached, the claim proceeds to trial.
- Once a settlement agreement has been reached, claimants are notified, and a timetable is put in place for any objections or submissions to be made ahead of a hearing.
- A settlement hearing occurs.
- If the settlement is approved, a distribution scheme will be implemented under the guidance of the Court.
Yes. You can join the class action even if you are a current employee of Syndey Trains, as long as you can satisfy all of the following requirements:
- You have been employed by Sydney Trains at any time between 1 May 2018 to 18 July 2023;
- You were covered by the Sydney Trains Enterprise Agreement 2018 and/or the Sydney Trains and NSW TrainsLink Enterprise Agreement 2022; and
- You were employed as an ‘Area Controller’ or ‘Signaller’ during the period of 1 May 2018 to 18 July 2023.
If you answered yes to the above, we encourage you to register for the Sydney Trains Class Action.
Yes. You can join the class action even if you are a former employee of Syndey Trains, as long as you can satisfy all of the following requirements:
- You have been employed by Sydney Trains at any time between 1 May 2018 to 18 July 2023;
- You were covered by the Sydney Trains Enterprise Agreement 2018 and/or the Sydney Trains and NSW TrainsLink Enterprise Agreement 2022; and
- You were employed as an ‘Area Controller’ or ‘Signaller’ (this does not include LICS Operators).
If you answered yes to the above, we encourage you to register for the Sydney Trains Class Action.
No. s 340 of the Fair Work Act 2009 (Cth) prevents employers from treating you differently for exercising your workplace rights. It is unlawful to punish an employee in any way for joining a class action. If you believe this has happened to you, contact us and we will promptly investigate.
Adero will not provide your details to Sydney Trains or any third party without your consent. Adero adheres to Australian privacy principles and will store its data in its systems and will not use that material for any third-party purpose. That information is also subject to legal professional rules that Adero adheres to under the ACT rules, and as such you have rights as a consumer of a legal service.