The NSW government will sue the state's rail union over its attempts to shut down Opal card readers, saying the industrial action is illegal and poses a possible danger to commuters.
From Thursday, Opal card readers will be switched off at train and metro stations every weekday between 3pm and 7pm after members of the Rail, Tram and Bus Union (RTBU) voted overwhelmingly in favour of the action.
Transport Minister David Elliott said the government, along with Sydney Trains, had made the decision to sue the Rail, Tram and Bus Union in the Federal Court over the action, and seek damages.
"I believe the RTBU are recklessly putting the lives of our communities in danger," Mr Elliott said.
The buttons which shut off Opal readers were only designed to be operated by qualified staff during an emergency, meaning the industrial action could be allegedly unprotected, Mr Elliott said.
"My strong appeal to the RTBU is to set aside this action," he added.
"You are only endangering the lives of commuters and you're only denying the taxpayers of NSW lawful revenues."
Mr Elliott, who has at times worked closely with the rail union, said the financial burden could be large for the union if they lose in court.
"This isn't a decision that we've taken lightly," he said.
The union warned members last week of a possible Federal Court from the government.
"We do not know if it is a real threat yet, but we need to be ready for the possibility," the RTBU wrote to its members at the time.
Another issue is that commuters could be overcharged if they can't tap off after machines shut down at 3pm.
Commuters who don't tap off are charged a maximum fee, up to $16.80 and would have to contact Transport for NSW to be reimbursed.
Matthew Longland from Sydney Trains said the government was working to try and minimise the issue for commuters.
"We're doing everything we can this week to look at opportunities to minimise that impact," Mr Longland said.
"But we want to be really clear there will be impacts from this industrial action."
Premier Dominic Perrottet accused the rail union of toying with public funds by proceeding with the action.
"Let's call this for what it is - this is the union movement disrupting the citizens of NSW for political purposes," Mr Perrottet said Tuesday.
Treasurer Matt Kean said the funds would ultimately come from other public amenities.
"Every dollar that is being ripped out of the system here by the RTBU is not going to our schools and our hospitals and it's a disgrace," he told reporters on Tuesday.
The union and government are locked in a protracted dispute over a new enterprise agreement, and are also at loggerheads over safety issues to do with a Korean-built fleet of intercity trains, in storage since 2019.
RTBU leader Alex Claassens says turning off the readers was intended to cause maximum pain to the government, while keeping commuters on side.
"Everybody is fed up with the ongoing rail dispute but we've no choice but to continue to do whatever it takes ... to force the NSW government to provide safe trains for commuters and fair wages and conditions for workers," Mr Claassens said on Monday.
Labor frontbencher Rose Jackson wants the issue resolved before the election.
"If it's not resolved by March ... that is an unbelievably bad indictment on the NSW government's negotiating skills," she said.
