A promised deed for changes to new intercity trains has not been enough to avert industrial action this week after the rail union dismissed the offer as a "stunt".
The union is scathing about the "eleventh-hour letter" containing the offer of a new deed after a weekend spent negotiating the stoushes that have caused widespread disruption for commuters all year.
Rail, Tram, and Bus Union (RTBU) NSW secretary Alex Claassens said "this latest stunt by the government doesn't add anything to the progression of the dispute".
"You can't just send us a letter late on Sunday, especially one as poorly drafted as this, and expect everyone to jump to attention," he said in a statement on Monday.
Transport Minister David Elliott said he was disappointed by the union secretary's assessment.
"It was not a stunt, it's exactly what the rail union asked for," he said.
"Just take the deed ... we've given you what you wanted."
Mr Claassens told AAP the union had not yet seen the deed on Monday afternoon.
Employee Relations Minister Damien Tudehope said the government had withdrawn its requirement that a new enterprise agreement be reached before it begins modifications on the New Intercity Fleet (NIF).
The government's insistence the agreement be locked in before the modifications begin has been a sticking point in the protracted negotiations.
"After appropriate testing and warranty confirmation, the government will immediately authorise the commencement of work to make the alterations to the NIF," Mr Tudehope said in a statement on Monday.
"The offer is conditional upon the rail unions agreeing that, pending the finalisation of the new enterprise agreement, all unions will call off any further industrial action."
However, Mr Claassens said the government needs to give the union time "to work through the letter and sit down and explain what they mean by it".
"If they don't then this really was just a stunt to get a headline," he said.
"When we get something that is capable of us accepting, we can move forward with the democratic process of taking it to our members and delegates, for them to decide on it."
He accused a "revolving door of ministers" of spreading misinformation about the dispute, which needs a resolution "for the benefit of the members and the travelling public".
Mr Elliott told budget estimates on Friday he was close to resolving the issue in May before Mr Tudehope told the unions the government would not accept any demands that delayed the introduction of the trains, which first started arriving in 2019.
He did not agree the trains needed altering, but conceded the cost of not doing so could eclipse the price of modifications.
The mothballed NIF has been at the centre of negotiations with the RTBU, which maintains the trains are not yet safe to operate in NSW.
The union has been conducting industrial action including targeted, rolling stoppages throughout August.
The action is due to end on Wednesday, when workers will refuse to operate foreign made trains which comprise about 70 per cent of the fleet.
Rail workers also need a new enterprise agreement after their old one expired in May 2021, however multiple unions are involved in those negotiations, which continued at a meeting with transport management on Monday.
Mr Elliott and Mr Claassens separately said progress was being made.
