Sydney commuters are being warned they could face major train delays and cancellations from today, after the NSW government lost a bid to ban industrial action.
The Minns government was granted an eleventh-hour injunction against possible industrial action by combined rail unions earlier this month, after the unions threatened to bring Sydney's rail network to a complete shutdown.
The Federal Court today ruled in favour of the Rail, Tram and Bus Union (RTBU), meaning strikes can take place "immediately".
What delays will there be to train services?
NSW Transport Minister Jo Haylen said the government had not yet been notified by the union as to what specific industrial action would take place or when it would begin, though it can start from anytime today onwards.
"We will continue to do everything we can to minimise disruption to passengers because they are our number one priority," she said.
The NSW government has lodged an application to the Fair Work Commission to limit the impact of industrial action.
"The government is pursuing all legal avenues to prioritise passengers, to protect them and businesses this time of the year," Ms Haylen said.
"We will not negotiate with a gun to our head and we want a service that is reliable for families and businesses this time of the year."
Uncertainty over Christmas and New Year's Eve period
Transport for NSW secretary Josh Murray described industrial action during this time of year as "reckless".
"It is impossible to run New Year's Eve at that kind of restriction," he said.
Earlier this week, the union voted in favour of fresh industrial action from December 28, potentially plunging the city's network into chaos over New Year's Eve.
A spokesperson said the NSW government would apply for a suspension or termination of protected industrial action with the Fair Work Commission to "stop rail disruption".
"We will continue to take every possible measure to ensure industrial action does not effect Christmas and New Year's Eve," they said.
Sydney trains strikes imminent, union says
The union's secretary Toby Warnes said they would consider today's decision but said members planned to "recommence industrial action immediately".
"It may have a significant impact today," he said.
"Sydney Trains had two weeks to prepare for this eventuality.
"We're going back to our office to inform our members to enforce the bans that were on immediately before the injunction two Sundays ago."
The unions and state government have been locked in a stalemate over demands for a 32 per cent pay rise, with both sides accusing each other of not negotiating in good faith.
"We are still at an impasse. Our door is open for the next two weeks at least to get this deal done," Mr Warnes said.
Speaking before the court decision, Premier Chris Minns said the government would consider its legal options if a pay deal could not be reached by New Year's Eve and the unions insisted on proceeding with strike action.
"To have [fireworks] denied to regular Australians, regular families, would be horrible," Mr Minns said.
"I don't do it lightly, but we will have to seek legal remedies."
Business groups have said strike action would be an economic nightmare with over 1 million people expected to descend on Sydney Harbour for New Year's Eve fireworks.
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