Senior NSW government bureaucrats were discussing the potential for a two-week shutdown of NSW's passenger train network as early as last week, documents obtained by the ABC have revealed.
The decision to cancel all services on Monday seemingly blindsided Premier Dominic Perrottet, who yesterday said he "should have been advised".
However, the Fair Work Commission documents show people in his government discussing the possibility of a full shutdown openly in the days before it happened.
The documents show the Rail, Tram and Bus Union (RTBU) notified the government of its plans for industrial action on February 9. It was due to run for two weeks from Monday, February 21.
In response, Sydney Trains conducted a risk assessment — finalised last Wednesday, February 16 — on what that proposed action could mean for the network.
It concluded all passenger trains would need to be shut down for two weeks.
NSW's chief economist Stephen Walters also produced modelling on what a shutdown would mean for the state on February 16.
Earlier this week, NSW Transport Minister David Elliott said he went to bed while subordinates deliberated whether to cancel all services.
However, documents tabled to the Fair Work Commission show Sydney Trains had determined a shutdown was necessary four days before it was implemented.
"On 17 February 2022, in view of the finalised risk assessment, the Executive Leadership Team made the decision that the Rail Network could not be operated for the two-week period commencing 21 February 2022," the Sydney Trains Acting Chief Customer Officer Jasbir Tumber said in a statement given to the Fair Work Commission.
Mr Tumber reports directly to Sydney Trains boss Matthew Longland and cited the "risks associated" with union's planned action.
He focused on the union's ban on "altered working" which would stop train crews deviating from their designated role on their planned roster.
"If Train Crew do not accept altered working, Sydney Trains' ability to respond flexibly and recover from incidents that may happen on the Rail Network will be completely hindered," Mr Tumber's statement said.
"This could result in many services being terminated mid-journey, with passengers in the train, as the Train Crew would refuse to perform the altered services that need to be implemented in response to an incident."
On Friday, February 18, the state government launched a bid in the Fair Work Commission to stop the RTBU's industrial action going ahead.
The hearings extended over the weekend.
During Saturday's hearing, Mr Tumber's assessment was referred to by the RTBU's barrister Lucy Saunders.
Ms Saunders told the Commission that the first time the union was told about the intention to cancel all services in response to the action was on Thursday night.
"We're very open to working with the respondent [the NSW government], particularly in respect of questions of safety," Ms Saunders told the commission.
Also revealed in the commission documents is that NSW Treasury's Chief Economist had been advised of a two-week rail shutdown, if the union's action went ahead.
"I have been informed and verily believe that the cumulative effect of the notified industrial action is that there will be a complete stoppage of train services," Mr Walters said in an affidavit presented to the commission.
"On the 16 February 2022, I oversaw the modelling of the immediate economic impact of Notified Action."
The modelling forecast it would cost $33.3 million a day and $370 million for the full two weeks.
It also showed that it would impact 150, 000 workers per day across Greater Sydney and almost 1.6 million over the fortnight.
In the government's challenge to the union's proposed action, affidavits were also collected from the state's Department of Communities and Justice, and Education Department, which discussed the impact of a two-week shut down on the public service and schools.
Both the Premier and Transport Minister have this week said they first heard about the shutdown when they woke up on Monday morning, after all services had already been cancelled.
Mr Elliott says the decision was made by Sydney Trains and his office was first informed at 1:30am on Monday.
