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Crowds gather at Central Station in Sydney,as trains ran on a reduced timetable in July.Credit:Janie Barrett

“We are making the decision to turn up the heat on this government and the senior bureaucrats,they are the ones responsible for this mess,they can now live with it,” Claassens said.

Sydney Trains said it was seeking urgent legal advice regardingthe union’s plans to shut down Opal readers because it does not consider the ban to be protected or lawful action. The rail operator is also writing to the RTBU demanding that it withdraw the action.

However,Claassens believed the move was legally sound,and would be considered protected industrial action.

“As far as we’re concerned,we’re within our rights to do that – it’s protected industrial action,” he said. “If they’ve got a problem with that they can take us wherever they need to take us to have that conversation.”

Earlier,Premier Dominic Perrottet said he was happy that the latest action would not cause delays to the travelling public.

While the rail union last month left open Opal gates at most stations,the card readers on the machines were left on,which allowed people to pay their fares. The government last week said 90 per cent of commuters were continuing to tap on and off the network.

Perrottet thanked commuters for tapping on and off despite Opal gates remaining open due to the union’s actions in recent weeks.

“That just shows that the people of NSW just want to get on with it,and that’s what I expect of the union,” he said. “I’d ask the unions to work constructively with the government.”

Rail Tram and Bus state secretary Alex Claassens fronts the media.Credit:Brook Mitchell

However,Labor leader Chris Minns said the government needed to get around the negotiating table with the unions to work towards an agreement.

“I’ve repeatedly said I don’t believe the two parties are that far apart,” he said.

The RTBU’s latest move to pressure the government in the prolonged dispute over pay and modifications to the state’s new train fleet comes despite transport officials and combined rail unions engaging in two days of conciliation talks under the auspices of the Fair Work Commission.

The industrial umpire is also continuing to hear a case launched by unions to force the government back to the bargaining table after the Premier threatened toterminate an existing enterprise agreement if rail workers did not vote for a new pay deal.

While rail unions claim the government has failed to bargain in good faith,Sydney Trains and NSW Trains have rejected the assertions.

NSW Trains transformation director Jasmin Streimer,who is a lead negotiator,told Fair Work she had no forewarning of the Premier’s ultimatum on August 31,which included a threat to rip up existing labour agreements if industrial action did not cease.

She believed that the rail operator had bargained in good faith throughout the negotiations.

Under questioning about the unions’ claim that the rail operators had “walked away” from agreed clauses,Streimer said positions could change subject to arguments that were made by both parties. “That’s bargaining,” she said.

The hearing will resume on October 6.

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