Rail,Tram and Bus Union secretary Alex Claassens has warned the govenrment his members will not stop industrial action at 5pm.

Rail,Tram and Bus Union secretary Alex Claassens has warned the govenrment his members will not stop industrial action at 5pm.Credit:Brooke Mitchell

“We have no intention of stopping our protected industrial action and the premier shouldn’t be surprised if more industrial action is called next week,” Claassens said on Friday.

Claassens’ position puts the government and rail unions on a collision course for all-out industrial warfare over coming weeks,placing Sydney’s transport network at increased risk of more major disruption.

The government warned the unions late on Thursday that it would launch proceedings in Fair Work to terminate rail workers’ existing enterprise agreements if any industrial action continues after the “close of business” on Friday.

However,Unions NSW has fired back at the government’s 24-hour ultimatum by applying to the industrial umpire to have the state forced to continue bargaining.

An urgent hearing of Fair Work on Friday resulted in the matter being set down for a hearing on Tuesday and Wednesday next week. A lawyer for Sydney Trains told the commission that it would not be “taking any action” before the hearing next week.

The unions also want Fair Work to order senior bureaucrats to ask Premier Dominic Perrottet and ministers to refrain from commenting on negotiations over the next two weeks if they do resume. The application to Fair Work accuses the government of not bargaining in good faith.

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The high stakes dispute comes as the Albanese government raised concerns with Fair Work about the potential for employers to seek to terminate enterprise agreements before it amends laws to stop the practice.

“The government is concerned by the practice of some employers threatening to terminate agreements as a bargaining tactic,” Burke wrote in the letter to Fair Work president Justice Ian Ross.

Commuters at Central Station on Wednesday.

Commuters at Central Station on Wednesday.Credit:Louise Kennerlet

“I am conscious that there is always the possibility that some employers may seek to terminate agreements prior to any amendments.”

RBTU national secretary Mark Diamond said he hoped the federal government’s move to end unfair terminations would force the NSW Premier to “see reason and withdraw his threat against his own workers and come back to the bargaining table”.

“There is no place for political scheming in enterprise bargaining. Premier Perrottet’s actions are a reflection of a government in crisis that thinks it can gain a political advantage by attacking workers,” he said.

Claassens accused Perrottet of attempting to paint rail workers as villains to ease mounting pressure on his own government.

“You have to wonder why the NSW government is targeting the RTBU when plenty of other industries are taking action like nurses and teachers,” he said.

“I’ve never seen anything like it before. On Wednesday night,and then again on Thursday afternoon,we were sitting across from the most senior managers on our railway,and they were blindsided by political brinkmanship by the NSW government. It’s like the right hand doesn’t know what the left is doing.”

In its application to the industrial umpire,Unions NSW said the bargaining had been “characterised by widespread and highly publicised disputation”.

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“The substantive matters in dispute between the parties are readily capable of being agreed. However,progress toward agreement has repeatedly been stultified and reversed by[Sydney] Trains’ disorganised,inconsistent and highly politicised approach to bargaining,” the application said.

It argued that the government had breached “good faith bargaining obligations” by publicly threatening to terminate the current agreements if its unilaterally proposed agreement was not approved by rail staff.

It also blamed the breakdown in negotiations on a revolving door of government ministers involved.

The government has also warned unions that its $1 billion offer to modify the state’s mothballed intercity train fleet will also be scrapped if industrial action extends past 5pm on Friday.

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