Employee Relations Minister Damien Tudehope has delivered a fresh ultimatum to NSW rail unions as the transport stoush continues.
The minister says unions have until 5pm on Friday to abandon their remaining industrial action, including staff leaving station gates open, and bans on fines and Sydney Metro work.
Mr Tudehope clarified on Thursday afternoon that unions have the right to take industrial action, but it will cost them any changes to the Korean-built New Intercity Fleet (NIF) the union says is not safe to operate in NSW, and could be used against them at the Fair Work Commission (FWC).
"There is no suggestion that the taking of industrial action will precipitate an action for termination of the agreement, but it will be evidence relied upon by the government that the unions have no interest in getting that enterprise agreement approved," he said.
Mr Tudehope says the government has "firm legal advice" that it has good prospects of succeeding in a termination application.
The union received an enterprise agreement on Wednesday night, and a deed for changes to the NIF on Thursday morning, Rail, Tram and Bus Union NSW secretary Alex Claassens said.
He says the deed has been "butchered" since the union sent it back to the government on Friday, and that the enterprise agreement is essentially a draft.
"Neither reflects the good progress we have made in the past 48 hours," Mr Claassens said.
The enterprise agreement will be presented to members to vote on, but the union will not endorse its approval.
"We can absolutely guarantee that it will not be recommended, because it's not finished," Mr Claassens said.
He said the union could consider further industrial action next week, but would follow the 10-day notification period, and negotiations should continue.
Mr Tudehope says the documents are ready to be put to workers.
"We expect it to be put to the employees now, it is in complete and final form," he said.
The protracted dispute escalated on Wednesday as Premier Dominic Perrottet threatened to rip up an enterprise agreement after a month of industrial action causing chaos for commuters.
The premier says the government will apply to the FWC to terminate the agreement if there is any more industrial action.
"We'll obviously protect and maintain the wages and conditions of the workers during that period of time, but we have negotiated now for a substantial period with the rail union in relation to these matters," Mr Perrottet told ABC TV on Thursday.
"The union has created another issue and another issue and continues to inconvenience the people of our city."
After months of negotiations with three government ministers, Mr Claassens says the premier is now the problem.
"It's about Perrottet himself," he said.
"Every other premier before him ... has been prepared to sit in the room and have a conversation."
The FWC rejected the government's application to force the union to suspend its industrial action in July.
The premier's threat has garnered national attention, with RTBU national secretary Mark Diamond saying he hopes to use the Jobs and Skills Summit in Canberra to put an end to such tactics.
"My intention for this summit is to do everything I can to prevent the ability of employers, like the Perrottet government, from terminating enterprise agreements during bargaining," Mr Diamond said.
"Unfortunately it's workers and commuters who are being put at risk by his actions."
