Sydney Trains has faced criticism for enforcing its safety rule against wearing shorts in a 'blanket manner', with the Fair Work Commission ruling that the directive cannot be deemed lawful and reasonable until workers are consulted in accordance with OHS laws.
The dispute was initiated by the RTBU and AMWU, who argued that Sydney Trains misapplied a clause in the relevant EA granting employees the option to wear shorts and other hot weather uniform items unless there was an unacceptable safety risk.
The FWC heard that Sydney Trains imposed a ‘blanket ban’ on shorts and summer clothing for workers, rather than considering specific circumstances as outlined in the agreement.
The unions asserted that workers should have the right to wear shorts unless a proven safety risk existed, a position supported by the Commission, which emphasised the importance of genuine consultation between employers and workers in safety decisions.
