Questions remain after rail union given green light to resume industrial action in Sydney

Train passengers have been warned to brace for a raft of new industrial action from Thursday, including possible 24-hour strikes and kilometre bans, after Premier Chris Minns was dealt a bruising blow in court.

The Rail, Tram, and Bus Union had been ordered to halt industrial action over protracted negotiations with the government for better pay and 24-hour train services after an 11th hour injunction earlier this month.

That order was dismissed by a judge in the Federal Court on Thursday, paving the way for the RTBU to “immediately recommence” industrial action across Sydney, according to NSW secretary Toby Warnes.

The shock ruling came just days after the RTBU, and a number of other rail unions, voted in favour of further protected action to take place from December 28, threatening to throw into chaos travel over New Years.

The union has previously put forward plans for gradual reductions in the number of kilometres its members would travel at work, 24-hour work bans, as well as limits on the speed at which the trains travel.

For now, commuters will have to wait and watch to see what, if any, industrial action the union undertakes after Mr Warnes said it was up to Sydney Trains to commit to 24-hour services, Thursday to Sunday.

Asked repeatedly by the media if 24-hour bans previously put forward by the powerful union would be activated if Sydney Trains did not bow to its demands, Mr Warnes said they were “very much in play”.

“RTBU members will do whatever it takes to achieve what they deserve, and that will continue indefinitely, over this weekend, and then the reduction in kilometre ban coming from Monday,” Mr Warnes said.

The rail union state secretary also warned Sydney Trains may not be prepared for industrial action to be undertaken from Thursday, despite the agency having “two weeks to prepare for this eventuality”.

Addressing the media later that afternoon, Sydney Trains chief executive Matt Longland said the RTBU was poised to reinstate any or all of the 200 work bans that it had in place prior to the court injunction.

The union has previously put forward plans for gradual reductions in the number of kilometres its members would travel at work, 24 hours work bans, as well as limits on the speed at which the trains travel.

“We haven’t yet been advised of the detail around which bans will be reapplied, from which time should they all be reapplied. Should they all be reapplied, there are more than 200 work bans,” he said.

“So, this will be a very significant impact for the travelling public. In the coming days and weeks, we’ll be doing everything we can to minimise that impact … (and) keep passengers moving safely.”

Mr Longland said additional operations leaders would be deployed at Sydney Trains Rail Operations Centre ahead of any work bans, some of which he said were “contradictory” and hard to manage in real time.

NSW Transport Minister Jo Haylen assured commuters that there would be a “level of service” from Friday and urged travellers to check their travel apps over the course of the weekend.

As for New Years Eve, much also remains in doubt, with the RTBU mum on what action it will take, with Mr Warns stating that the planned industrial action “may well” be worse than previously anticipated.

The state government has vowed to fight the potential industrial action over Christmas and New Years, with Ms Haylen stating that “no level of industrial action is tolerable on New Year’s Eve”.

Ms Haylen said the state government said had made an application on Thursday afternoon under Section 424 of the Fair Work Act as it “pursues all legal avenues” to stop the action going ahead.

Under the Act, The Fair Work Commission can “suspend or terminate protected industrial actions” if they are found to “cause significant damage to the Australian economy” or risk community safety.